On the 18th November, 2019, a contracted welder sustained ultimately fatal burns during the course of his employment on board the fishing vessel “Simba” (“Simba”), after a fire / explosion on board the vessel. The deceased’s family (“Claimants”) thereafter commenced proceedings against the Owner of the Simba (“Defendant”) on the 26th July, 2023, seeking, inter alia:
- Damages against the Defendant for the benefit of the Estate of the Deceased for pain and suffering, the loss of expectation of life and consequential loss arising out the fire/explosion on board the Simba and/or the negligence of the Defendant, his servants and/or agents;
- Damages / compensation against the Defendant pursuant to the Compensation for Injuries Act Chap 8:05; and
- A declaration that the Claimants are entitled to a lien on the Simba for the monies claimed.
An investigation with respect to the incident conducted by the Occupational Safety and Health Authority and Agency (“OSHA”) between the 2nd December, 2019, to the 11th May, 2022, concluded that the Defendant acted in breach of and failed in his duty under several sections of the Occupational Health and Safety Act Chap 88:08.
These proceedings are ongoing before the High Court. The Claimants are represented by Nyree Alfonso and Asif Hosein-Shah.
