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

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