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CIV/T/358/91

IN THE HIGH COURT OF LESOTHO
In the matter
of:

LESOTHO NATION GROUP INSURANCE Plaintiff

vs

MRS MERIAM MATLOSA 1st Defendant

MR HLOMPHO RAMOTHAMO 2^nd Defendant

JUDGMENT

Delivered by Hon, Mr Justice M.L. Lehohla on the 24^th
day of November

2000

The first defendant prepared transfer of ownership forms
on the 23^rd of October 1986, the accident occurred on the
7^th of March, 1987 and ratification by the second
defendant, through defendant's wife, who in this respect would be
taken to have been
acting as agent of the second defendant in view of
the fact that the agreement to sell the vehicle was between the first
and second
defendants, and this is not denied. Then the ratification
was on the 13^th of November, 1987 giving effect to what
occurred on

2 the 23^rd of October, 1986 and in this event
it would appear in my view that when the accident occurred on the 7^th
of March 1987 change of ownership had effectively been made prior to
this date.

On this basis therefore I find that the second defendant
is liable to the plaintiff for the sums set out in the summons and as
prayed.

JUDGE

24^th November, 2000

For Plaintiff : Mr Grundlingh For Defendant: Mr Nathane