Having answered the Issues Nos. 2 and 3 in the affirmative,
prayers (A) and (B) are allowed.
Prayer (C) is in respect of special damages and at this point, there
is need to define what special damages are before we resolve it.
Black’s Law Dictionary defines special damages as:
“Damages that are alleged to have been sustained in the
circumstances of a particular wrong. To be awardable,
special damages must be specifically claimed and proved.”
It follows the above definition that special damages are based on
measurable amounts of actual loss. Before determining prayer
(C), we would like to say that it is composed of two limbs. The
first limb is related to the loss incurred during the remaining 18
months of her five year contract. The second limb implied the
loss for the expected renewal of the Claimant’s contract.
In respect of the first limb, the Claimant was appointed by
Council of Ministers for a period of five years in accordance with
Regulation 22(1) (c); that is to say that she was to serve 60
months and was entitled to all benefits provided for under Staff
Rules
and
Regulations,
2006.
However,
by
virtue
of
misrepresentation of her employment contract, she was offered to
serve as a Project Accountant under RISP funding on 29th
September, 2008 and assumed duty on 1st November, 2008. Now,
being compensatory, special damages must be calculated by
balancing what she had been earning in her position of Project
Accountant and what she would have been paid as a Professional
Staff P2 during the entire period that she served the Community.
CLAIM NO.1 OF 2012
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