You Can’t Sue After Three Years – Court

You Can’t Sue After Three Years – Court

By Dickson Jere

Brian Musolo was employed by Lubambe Copper Mines as Mechanical Fitter in 2012. He was assigned to work underground the mine. During the course of work, he developed health complications. He had persistent cough, chest pains, severe headaches, swollen legs and feet. He could no longer work underground.

He underwent medical examinations and doctor recommended that he be given light duties as an alternative job. However, the mine did not have any available jobs and therefore terminated his employment in 2016 on medical grounds. He was paid off his benefits and repatriation allowances.

He then sued the mine in the Lusaka High Court for causing him personal injury as result of the diseases he got while working underground at the mine. But when the case came up, the mine raised a technical legal defense – the miner filed the case after three years had elapsed and therefore statute barred.

On the other hand, the miner argued that even though he was fired in 2016, he only became aware of his condition when he did thorough medical examinations in 2021 when a medical board was constituted. This was at the instance of NAPSA who demanded for the thorough medical examination before they could pay him his dues. It was then that he was diagnosed with a heart disease.

The Judge heard both sides of the arguments and agreed with the mine that the cause of action actually started in 2015 when the miner was discharged on medical grounds. The counting started in that year and therefore should have sued within three years.

“In my considered view, in 2015 when his contract of employment was terminated on medical grounds was the time he ought to have commenced an action not in 2022,” the Judge ruled.

“I, therefore, accept the Defendants position that his action under cause 2022/HP/1703 is statute barred as it was commenced well after three years statutory time frame,” the Judge said, and dismissed the case with costs to be paid by the miner to mine.

The Court noted that all claims for personal injuries and damages in Zambia ought to be commenced within three years as the Limitations Law has placed that timeframe.

Case citation – Brian Musolo v Lubambe Copper Mines Limited – 2022/HP/1703 and Ruling delivered last month.

Lecture Notes;

1. In Zambia, the Law Reform (Limitation of Actions) Act, Chapter 72 of the Laws of Zambia, has placed 3 years as limitation period for personal injuries such as those caused by road accidents and so on. You just sue within that period. For other civil claims, it is 6 years while for land issues is usually 12 years.
2. This is a very technical subject and at time confusing as when the counting begins. For instance, there was fraud or suppression of facts, the counting will only start when you discovered the fraud. It is all matter interpretation.
3. The rationale for this law is that limitation period protects Defendants from injustice of having to face stale claims after many years when they least expected it. Usually, even evidence may have disappeared when matter takes long to prosecute in Court. This applies only to civil cases.