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 – grant of administration – conflict between dependants – apportionment of damages – case management – preliminary trial on quantum – conduct of proceedings. Guidance provided on how to commence fatal accident claims without letters of administration or grant of probate under FAO s.5 and RHC O.15 r.6A. Guidance on resolving conflicts between dependants claiming dependency, including preliminary trial on quantum before liability trial, apportionment of damages, and allocation of conduct of proceedings to administrator or majority stakeholder. Costs reserved. Check List Review hearing fixed.

Legal issues: Commencement of proceedings without grant of administration · Conflict between dependants

Outcome: Guidance given on procedure for fatal accident claims involving conflict between dependants and lack of grant of administration. Costs reserved.

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