Mbila & Anor. v AG & Anor. (Civil Cause 491 of 1987) [1993] MWHCCiv 58 (10 December 1993)

IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL CAUSE NUMBER 491 OF 1987 BETWEEN: VERAH MB ILA and 1ST PLAINTIFF GRACE CHIUNDIZA 2ND PLAINTIFF I THE ATTORNEY GENERAL 1ST DEFENDANT and and JONES SILAS PHIMBA 2ND DEFENDANT Coram: D F MWAUNGULU, REGISTRAR Chingande, Counsel for the P ORDER The action, The plaintiff took out this claim on the 7th of August, 1987. taken out under Section 7 of the Statute Law (Miscellaneous Provisions) Act, was taken out jointly with a Mrs. Chiundiza. Both of them were suing for loss of dependency after their husbands died in a car accident on the 18th of June 1986. After the action was commenced, an application for approval of settlement because minors the settlement for Mrs. were to be the plaintiff had Chiundiza. The damages assessed. I heard evidence from the plaintiff on the 30th of November, 1993. The defendants were absent. They were served with the appointment for assessment of I awarded the plaintiff the sum of K62, 427. damages. I now give reasons. settlement. There was approved for there was involved. a I the age of 28. The deceased was an Engineer in the Civil Service. He the died at conditions of service obtaining at the time, to retire at t h e age of 55 years. He was earning KS,256.00 per annum, He was, according to 2 I . .... - - after tax. The plaintiff testified that her husband used to spend almost three quarters of his income on the family apart from himself. He was a qualified engineer. The deceased was young. No doubt, his prospects for promotion were very high. He was, therefore, likely to have an increase in his earnings. The award for loss of dependency where the p l aintiff's earnings are ascertainable, is such sum as would give the plaintiff the annuity lost for the time in which the deceased would have been employed. Courts arrive at this by using the multiplier and multiplicand approach. This approach, based on rates of interests of between 3 to 5 percentage points, insulates against the vagaries and vagrances of inflation. The approach also takes care of lumps sum and it is the fact that money is given as a going to be invested for income. The loss of dependency in this case is K3, 672. oo per The deceased was aged 28. He was to retire at annum. the age of 55 years. am supposed to consider the prospect of remarriage of the plaintiff. There was no evidence on which I can properly evaluate the prospect. The approrpaite award is K62,424.00. I The money should be distributed as follows: Mrs V Mbila, K16,424.00; the deceased's father K9,000.00; Jennifer, the the deceased's daughter K15,000; deceased's son, KlB,900.00. James, and Made in Chambers this 10th day of December, 1993. -- D REGISTR COURT