The claimants live in Tonkolili and the defendants were previously the owners and operators of a large iron ore mine in the district, Tonkolili Iron Ore (formerly a subsidiary of African Minerals). The violence occurred in 2010 and 2012 when the mining company took over a number of villages, and the villagers’ protests were met with excessive force by the Sierra Leone Police.
The claimants argued Tonkolili was liable for the actions of the police, which they denied. They had seven grounds of action, including: vicarious liability for torts committed both by company employees and police; accessory liability, given the company supplied the police with money, vehicles and accommodation during the 2012 incident; malicious prosecution; and breach of a non-delegable duty in respect of an extra hazardous activity carried out negligently.
During the High Court hearing in 2018, Mr Justice Turner and the legal teams for both sides travelled to Sierra Leone so the judge could take evidence from witnesses in person―the first time a High Court hearing has done so.
The mining company’s argument included that there is no liability in negligence for the criminal acts of third parties, and that in order to establish tortious liability for common design, something more was needed than the foreseeability that the police might over-react.
Ruling in Kalma v African Minerals [2020] EWCA Civ 144, the court dismissed the appeal on all grounds.
Martyn Day, senior partner, Leigh Day, representing the claimants, said his clients were disappointed and would be seeking leave to appeal.
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