Ali Aboobakuru v. Rushdhee Mohamed (Case no.: 1985/HC-A/65)

Tort Law

Facts

During a fishing expedition near K. Thulusdhoo, a collision occurred between the engine boat of Ali Aboobakuru (the Appellant) and Rushdhee Mohamed (the Defendant), causing damage to the Appellant’s boat. The Appellant claimed compensation in the lower court, for the damage caused to his boat and was awarded MVR 7,000 as damages. However, the appellant, dissatisfied with the decision, filed an appeal with the High Court of the Republic of Maldives.

Issues

The Appellant claims that the following two additional damages should be awarded to him.

(1) Damages for the loss of income while the boat was beached and inoperable for 1 year and 3 months.

(2) Compensation for the amount paid to the government during this time

Judgement

The High Court of the Republic of Maldives held that no damages for loss of income were to be awarded because the Appellant took an excessively long period of time to repair the boat and because there is no gurantee that the Appellant will generate income once the boat was repaired.

The High Court also decided not to compensate the Appellant for the amount paid to the government as it was mandatory, regardless of whether the boat was in use or not.