NAWEC sued as plaintiff claims over D7M for negligenceJun 8, 2021, 12:48 PM | Article By: Alagie Baba
One Eduwar Daffeh has sued NAWEC claiming D7,150, 000 for special and general damages caused by the national electricity and water giant.Daffeh, who now uses clutches to walk, said on the 25th November 2019 while on a motorbike, he collided with NAWEC high tension cable and fell with his motorbike. He claims he spent three months at the Edward Francis Small Teaching Hospital.
Daffeh through his lawyer Saikou Fatty wrote to NAWEC seeking compensation of D10,000,000 (ten million dalasis). NAWEC wrote back to him on the 21st April 2020 denying liability for the accident, adding the accident could have been avoided if Daffeh had stopped when he was asked to stop by the policeman and NAWEC staff working on the site. However, NAWEC in the letter did not dispute the fact that Daffeh collided with their high tension cable. NAWEC in the letter argued that there is no evidence to establish tort of negligence arguing there were attempts by the traffic police officer on duty and NAWEC staff prior to his collision with the high tension cable but he refused to stop. NAWEC's position is that the accident could have been avoided if Mr. Daffeh had paid heed to the attempts to stop him by the traffic police officer on duty and NAWEC staff working on the site.
Daffeh sued them after receiving this letter from the national electricity and water providers.
Daffeh is claiming for D4,500,000 for special damages for fracture and bruises he sustained as a result of NAWEC's negligence which caused deformity of his right leg. He is claiming D2,000,000 for general damages for mental and emotional trauma. Also, he is claiming D650,000 for legal fees.
There was a police report dated 4th March 2020 by the office of the officer commanding Upper River Region. The police report indicated that Mr. Eduwar Daffeh was involved in an accident with his motor cycle with the registration number MRC 535 MC.
Below is the full police report from the Officer Commanding the Upper Region.
"EXTRACT OF POLICE REPORT ON ROAD TRAFFIC ACCIDENT
This is to certify that MR EDUWAR DAFFEH of BASSE MRC got involved in an accident which was reported at Basse Police Station with his motor cycle Registration no MRC 535 MC.
The accident occurred when the NAWEC displayed their electrical cable across the road at Allunhareh village URR and the said cable which was above the road suddenly dropped down, while they were pulling it across the road to Allunhareh Clinic, it hooked him on the neck and he fell on the ground and sustained fractured knee.
DAMAGES ON THE VEHICLE
There is no damage on the motor cycle. The scene of the accident was visited by Basse mobile traffic and confirmed as stated. The victim was unconscious but was rushed to Basse hospital and later taken to MRC Fajara, where he was further referred to EFSTH and admitted at the accident and emergency unit for further treatment."
The case comes up for hearing on 25th June 2021 at 10 am.