Tort Law

Matobo V Maluti Star Security (PTY) Ltd (CIV/T/0211/2022) [2022]LSHC 37 (30 June 2022);

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SUMMARY

 

Law of Delict – Claim for damages for pain and suffering, contumelia and medical and hospital expenses incurred - Plaintiff unlawfully assaulted severally with a baton, a gun pointed at his forehead, thrown into a culvert filled with water and insulted by 1st Defendant and his colleagues, all happening in full view of colleagues and members of the public - sustained bodily injuries and blacked out only to wake up in hospital unable to speak and eat – Plaintiff frequently suffering from severe headaches, constant eye pain and nose bleeding post the assault.  Joint and several liability – 2nd Defendant acted in the course and scope of his employment – 1st Defendant, his employer, held vicariously liable for 2nd Defendant’s unlawful assault on Plaintiff - Request for Default Judgment – Grounds for – Delictual damages awarded at the discretion of the court taking into account such factors as previous comparable awards in similar cases, the nature and extent of injuries sustained and treatment received and prevalent economic conditions within the jurisdiction - Default judgment entered in favour of the Plaintiff against the Defendants jointly and severally, the one paying the other to be absolved

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

                                                                              CIV/T/0211/2022

In the matter between:

 

NTSOLOANA MATOBO                                         PLAINTIFF

 

AND

 

MALUTI STAR SECURITY (PTY) LTD                 1ST DEFENDANT

Mokhosi V Ministry of Health (CIV/T/279/2019) [2022]LSHC 31 (28 April 2022);

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SUMMARY

This is a delictual claim in which the plaintiff has asked the Court to award him damages for assault inflicted to his son by the Defendants’ agents while his son was under their care and protection at Mohlomi mental hospital. The Plaintiff states that as a result of the assault, his son suffered permanent brain damage and is bedridden, lacks anal and urinary sphincter control. Consequently, his son needs a regular medical attention, special dietary and full time professional nurse. The Defendants do not deny liability but only charge that after receiving the letter of demand, they engaged the Plaintiff’s counsel Mr. Matooane for negotiations concerning plaintiff’s claim. This is due to the fact that it is impossible for the Ministry to just pay out an amount of Twenty Million Maloti (M20 000 000.00) without referring the child for medical assessment to ascertain the degree of damage (injury) caused.

 

Held:

The Respondents are liable for the injuries incurred by the child and resultantly, to compensate the Plaintiff.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                            CIV/T/279/2019

In the matter between:

TANKISO MOKHOSI                                                  PLAINTIFF

 

AND

MINISTRY OF HEALTH                                       1ST DEFENDANT

ATTORNEY GENERAL                                     2ND DEFENDANT

 

Molupe V Lesotho National General Insurance Co. Ltd (CIV/T/570/2018) [2021]LSHC 27 (15 December 2021);

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  SUMMARY

          DELICT: A claim for funeral and hospital expenses incurred by the deceased’s child consequent to her being killed in a motor vehicle accident- contributory negligence of the deceased not playing any role in this case as the plaintiff was innocent of any wrongdoing- Plaintiff awarded damages

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                              CIV/T/570/2018

 

In the matter between

 

MAHOOANA MOLUPE                                                       PLAINTIFF

 

And

 

LESOTHO NATIONAL GENERAL

INSURANCE CO. LTD                                                          DEFENDANT

 

 

Katsane V Makintane (CIV/T/34/2019) [2022]LSHC 01 (07 February 2022);

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JUDGMENT

Summary

Claim for damages - Motor vehicle collission - Allegedly due to defendant’s sole negligence - Negligence proven - Claimant awarded costs for the repair of his motor vehicle; for pain and suffering; and interest at the current prime lending rate as prescribed by the Central Bank of Lesotho - Medical expenses claimed not proven and, therefore, not granted.

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                              CIV/T/34/2019    

In the matter between:

 

MATHIBELA KATSANE                                                      PLAINTIFF

and

LIBE MAKINTANE                                                              DEFENDANT

 

Neutral Citation: Mathibela Katsane and Libe Makintane (CIV/T/34/2019) [2022] LSHC 9

 

Mofee V The Commissioner of Police (CIV/T/47/2019) [2021]LSHC 68 (03 June 2021);

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IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                              CIV/T/47/2019

In the matter between:

MOFEE JEREMIA MOFEE                                        PLAINTIFF

 

AND

THE COMMISSIONER OF POLICE                       1ST DEFENDANT

ATTORNEY GENERAL                                     2ND DEFENDANT

 

Moholisa V District Medical Officer (CIV/T/617/2008) [2021]LSHC 51 (04 June 2021);

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Summary

Action for loss of support - child to be maintained retarded -   dependency of the minor child to extend to his lifetime - factors to be taken into account

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                      CIV/T/MSU/617/2008

 

In the matter between

 

MALIAKAE MOHOLISA                                       PLAINTIFF

 

AND

 

DISTRICT MEDICAL OFFICER                             1ST DEFENDANT

MOTEBANG HOSPITAL                                       2ND DEFENDANT

Takana V The Commander Lesotho Defense Force (CIV/T/687/2010) [2021]LSHC 30 (17 June 2021);

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                                                     SUMMARY

LAW OF DELICT: Plaintiff claiming damages suffered as a result of a choking gas being thrown into his sleeping quarters- Plaintiff having to retire  prematurely due to health complications occasioned by this incident- Plaintiff awarded damages only for pain and suffering and loss of amenities of life.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/T/687/10

 

 

In the matter between

 

 

NKH’OULA TAKANA                                                PLAINTIFF

 

AND

 

THE COMMANDER LESOTHO

DEFENCE FORCE                                                      1ST DEFENDANT

 

Limema V Commissioner of Police (CIV/T/407/14) [2021]LSHC 08 (18 February 2021);

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CIVIL PRACTICE: Claim for damages for unlawful assault by police officers- mutually destructive versions of witnesses- approach thereto

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/T/407/2014

                           

In the matter between:-

 

LIPHAPANG LIMEMA                                              PLAINTIFF

 

AND

 

COMMISSIONER OF POLICE                                  1st DEFENDANT

ATTORNEY GENERAL                                             2nd DEFENDANT

 

Mohlakola V Shoprite Supermarket (Pty)Ltd (CIV/T/238/10) [2020] LSHC 51 (09 September 2020);

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Plaintiff`s version of events was overwhelmingly credible including that he could not have been the cause of the squabble that caused an assault on him.  

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                                             CIV/T/238/2010

In the matter between:-             

 

FRANCIS TS`OTLEHO MOHLAKOLA                     PLAINTIFF

 

And

 

SHOPRITE SUPERMAKET (PTY) LTD                     DEFENDANT

 

JUDGEMENT

 

Letsie v Commissioner of Police (CIV/T/574/23) [2020] LSHC 48 (16 November 2020);

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IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/T/574/13

 

 

In the matter between:

 

 

KHAMA S. LETSIE                                                     PLAINTIFF

 

 

AND

 

 

COMMISSIONER OF CORRECTIONAL

SERVICE                                                                     1st DEFENDANT

 

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