CIV/T/263/2004

IN THE
HIGH COURT OF LESOTHO

In the
matter between:

LALANE
MALOI Plaintiff

and

TROOPER
SEKOATI 1st Defendant

TROOPER
MATHABA 2nd Defendant

TROOPER
LERAHA 3rd Defendant

COMMISSIONER
OF POLICE 4th Defendant

THE
ATTORNEY - GENERAL 5th Defendant

JUDGMENT

Delivered
by Hon. Mrs Justice A. M. Hlajoane on 31st October, 2007.

Plaintiff
claims damages from the Defendants in the amount of M300,000 for
assaults. The assaults took place during December in
2003 at
Khubetsoana and at Makoanyane Hospital.

2

Plaintiff
in his declaration shows that both first and second Defendants were
members of the Lesotho Mounted Police Service whilst
the third
Defendant was a member of the Lesotho Defence Force in 2003 when the
events took place.

He has
further alleged that the first and the second Defendants had
unlawfully arrested him and had later severely assaulted him.
He was
later taken to Makoanyane Hospital where he was further assaulted by
the third Defendant by extracting some blood from him
without his
consent.

The
pleadings were closed and a pre-trial conference held on 22nd
November, 2005. The matter was duly set down for hearing for the
31st
October, 2007 and 1st November, 2007.

Counsel
had asked for sometime to go and discuss the issues in the matter and
when they came back, Defendants' Counsel made an offer
which was
accepted by Plaintiffs Counsel. The offer was for an amount of
M90,000 for damages and M1000 for costs, and they asked
that their
agreement be made an order of this Court.

3

Judgment
was thus granted in the amount of M90,000.00 for damages and Ml000.00
for costs. The Court was however concerned about
matters of a similar
nature where there must have been a letter of demand made but only
find that consideration for settlement
would only come when such
matters will have been set down for hearing, or even on the day of
the hearing of such a matter.

Considering
the backlog that we already are experiencing it would be better to
indicate before the date of hearing where there has
been negotiation
for settlement so that such matters could give way to matters that
have to be argued.

1. M.
   HLAJOANE
   

   
   

JUDGE

For
Plaintiff: Mr Mda

For
Defendants: Mr Motsieloa