BUSHRA BIBI AND NABELA QOSER the co-administrators of the estate of KHALID, MEHMOOD, the deceased v METHOD BUILDING & ENGINEERING WORKS LIMITED (in liquidation)

Read the full judgment text of HCPI 301/2012 on BabelCite. This High Court CFI judgment was delivered on 16 April 2014 before Bharwaney J.

Fatal Accidents Ordinance – Commencement of proceedings – Letters of administration – Grant of probate – Conflict between dependants – Preliminary issue – Quantum – Apportionment – Conduct of proceedings – Sanctioned offers – HCPI 301/2012, HCPI 764/2012, HCPI 197/2013 – Guidance provided on how to commence and carry on proceedings without letters of administration or grant of probate under section 5 of the FAO and Order 15 r 6A of the RHC – Procedure for addressing conflicts between dependants claiming to be dependants of the deceased – Court may order preliminary trial on quantum and apportionment before trial on liability – Rival groups may be separately represented – Conduct of proceedings granted to administrator or majority stakeholder – Defendant may make sanctioned payment into court to be apportioned by court under Order 80 r 15 – Reserved costs – Check List Review hearing fixed

Legal issues: Commencement of proceedings without letters of administration or grant of probate · Conflict between dependants claiming to be dependants of the deceased · Trial on preliminary issue of quantum and apportionment · Conduct of the trial on liability · Sanctioned payments and offers

Outcome: Reserved costs; directions given for case management of fatal accident proceedings involving conflicting dependants and commencement without probate.

Cites 5 cases