News / Local
Accident victim loses US$234,000 claim against bus operator
20 Jun 2024 at 02:28hrs | Views
Peter Musindo's claim against Mukumba Brothers bus operator, Inter Africa Bus Service, for damages resulting from a road accident has been dismissed by the High Court due to procedural lapses. Musindo sought US$234,000 in compensation, citing injuries sustained in the accident caused by Inter Africa's bus driver, Isaac Kazambara.
The court, presided over by Justice Samuel Deme, ruled against Musindo after he failed to pursue the case to judgment and abandoned previous proceedings deemed defective. This abandonment, according to the judge, did not interrupt the prescription period for filing claims. Justice Deme emphasized that Musindo provided insufficient evidence regarding when the claim should have been filed and when he made demands for action.
The judge also highlighted that Musindo's argument that prescription was interrupted by earlier litigation was not supported by adequate proof. Musindo claimed damages for medical expenses, pain, suffering, permanent disability, loss of amenities, and loss of earnings, asserting that Kazambara and Inter Africa had admitted liability.
In response, Mukumba Brothers and Kazambara raised a special plea of prescription, arguing that Musindo's delayed action prejudiced their defense and should lead to the dismissal of his claim. They contended that Musindo's failure to prosecute the case in a timely manner undermined his credibility.
Ultimately, the court upheld the defendants' plea of prescription, dismissing Musindo's claim and emphasizing the importance of finalizing legal matters within statutory timelines to prevent perpetual litigation.
The court, presided over by Justice Samuel Deme, ruled against Musindo after he failed to pursue the case to judgment and abandoned previous proceedings deemed defective. This abandonment, according to the judge, did not interrupt the prescription period for filing claims. Justice Deme emphasized that Musindo provided insufficient evidence regarding when the claim should have been filed and when he made demands for action.
The judge also highlighted that Musindo's argument that prescription was interrupted by earlier litigation was not supported by adequate proof. Musindo claimed damages for medical expenses, pain, suffering, permanent disability, loss of amenities, and loss of earnings, asserting that Kazambara and Inter Africa had admitted liability.
In response, Mukumba Brothers and Kazambara raised a special plea of prescription, arguing that Musindo's delayed action prejudiced their defense and should lead to the dismissal of his claim. They contended that Musindo's failure to prosecute the case in a timely manner undermined his credibility.
Ultimately, the court upheld the defendants' plea of prescription, dismissing Musindo's claim and emphasizing the importance of finalizing legal matters within statutory timelines to prevent perpetual litigation.
Source - newsday
