Uganda Case Law

Kimingini Gold Mining Co. Ltd v Macleod (Civ. App. No. 42/37)

Kimingini Gold Mining Co. Ltd v Macleod (Civ. App. No. 42/37) [1938] EACA 207 (1 January 1938)

Court

East African Court of Appeal

Case number

Civ. App. No. 42/37

Judge

Lucie-Smith, J. (Kenya)

The court held that 'permanent incapacitation' under the Mining Ordinance refers specifically to incapacity to work or earn wages, not to any physical or mental incapacity unless it affects earning capacity. The respondent failed to prove permanent incapacitation as required by law, as he resumed work at his previous wage and later secured comparable employment elsewhere. The magistrate erred in assessing compensation under section 86(2)(a); instead, compensation should be assessed under section 86(2)(b), which allows for a discretionary award up to a statutory maximum. The court further clar…

Source excerpt

• Workmen Compensation
• Assessment Of Damages
• Permanent Incapacitation
• Wage Loss
• Statutory Interpretation