Breach of Sale Agreement

Ramputi V Hussain t/a Main Motors (CCT/0427/2018) [2022] LSHC 142 (27 October 2022);

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       SUMMARY

 

LAW OF SALE : Actio redhibitoria- The plaintiff sued out summons claiming the return of the purchase price of the motor vehicle which was sold and delivered- the plaintiff bought the vehicle knowing that it had a faulty sunroof- the agreement between the parties stated that the vehicle was sold voetstoots-  on further and thorough investigation when the problem could not fixed, it emerged that there was a faulty electrical system-Held, the plaintiff failed to prove that the defendant knew of the fault and concealed it with the intention of defrauding him.

      

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                                              CCT/0427/2018

 

In the matter between:

 

BASIA RAMPUTI                                                                 PLAINTIFF

 

AND

 

YASIR HUSSAIN t/a MIAN MOTORS                                DEFENDANT

 

OVK BEDRYF BPK V MIN ZHU ENTERPRISES (PTY) Ltd (CCT/0378/2015) [2022]LSHC 63 (18 August 2022);

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SUMMARY

DEBT RECOVERY- In an action for recovery of money for goods sold and delivered and where the defendant raises a special defence- the onus of proving the special defence is on the defendant- Postponement of proceedings- Principles applicable re-stated and applied.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                                    CCT/0378/2015

         

In the matter between:

 

OVK BEDRYF BPK                                                     PLAINTIFF

 

AND

 

MIN ZHU ENTERPRISES (PTY) LTD