Fatal Accidents Act


1988 Revised Edition






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FATAL ACCIDENTS ACT

Fatal Accidents Act CAP. 34 Arrangement of Sections




1988 Revised Edition
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FATAL ACCIDENTS ACT

Arrangement of Sections
Section
1 Short title..........................................................................................................5
2 Action in damages against person causing death through negligence,

etc., notwithstanding the death of the injured party .........................................5
3 Action to be brought by executor or administrator in first instance. ...............5
4 Beneficiaries may bring action if executor or administrator fails to do

so within 6 months of death. ............................................................................6
5 Plaintiff to deliver to defendant full particulars of claim.................................6
6 Only one action shall lie and must be brought within 12 months of

death.................................................................................................................6

Fatal Accidents Act CAP. 34 Section 1




1988 Revised Edition
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FATAL ACCIDENTS ACT

Act No. 10 of 1949

AN ACT TO PROVIDE FOR COMPENSATION FOR FAMILIES OF
PERSONS KILLED IN ACCIDENTS

Commencement [16th November, 1949]

1 Short title.
This Act may be cited as the Fatal Accidents Act.

2 Action in damages against person causing death through
negligence, etc., notwithstanding the death of the injured party.
Whensoever the death of a person shall be caused by wrongful act, negligence or
default and the act, negligence or default is such as would (if death had not
ensued) have entitled the party injury to maintain a civil action and recover
damages in respect thereof, then in every such case the person who would have
been liable if death had not ensued shall be liable to an action for damages,
notwithstanding the death of the person injured and although the death shall
have been caused under such circumstances as amount in law to an offence
under the Criminal Offences Act.

3 Action to be brought by executor or administrator in first instance.
Every such action shall be for the benefit of the wife, husband, parent or
legitimate child of the person whose death shall have been so caused, and shall

Section 4 CAP. 34 Fatal Accidents Act




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be brought in the name of the executor or administrator of the person deceased,
and in every such action the court may award such damages as they may think fit
having regard to the injury resulting from such death to the parties respectively
for whom and for whose benefit such action shall be brought: and the amount so
recovered in damages shall be divided amongst the parties for whose benefit the
action is brought in such shares as the court may direct.

4 Beneficiaries may bring action if executor or administrator fails to
do so within 6 months of death.
If there shall be no executor or administrator of the person deceased or if the
executor or administrator shall have failed to bring action under this Act within 6
calendar months after the death of such deceased person, it shall be lawful for an
action under this Act to be brought by and in the name or names of all or any of
the persons for whose benefit such action would have been if it had been brought
by and in the name of the executor or administrator.

5 Plaintiff to deliver to defendant full particulars of claim.
In every action under this Act the plaintiff shall deliver to the defendant full
particulars of the person or persons on behalf of whom the action is brought and
the claim in respect of which it is sought to claim damages.

6 Only one action shall lie and must be brought within 12 months of
death
Not more than one action shall be brought for and in respect of the same subject
matter of complaint and every action under this Act shall be commenced within
12 calendar months after the death of the deceased person in respect of whom
the claim is brought.