Delict and Tort Law

Nchere v Roads Directorate (CIV/T/504/19) [2019] LSHC 39 (11 November 2019);

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IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                              CIV/T/504/19

 

 

In the matter between

 

 

PEKENENE DONALD NCHERE                             PLAINTIFF

 

 

AND                                                                                              

 

 

ROADS DIRECTORATE                                       DEFENDANT

 

 

JUDGEMENT

Makhaba v The Commissioner of Police (CIV/T/319/11) [2017] LSHC 38 (14 November 2017);

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IN THE HIGH COURT OF LESOTHO

 

CIV/T/319/2011

 

In the matter between:

 

JOEL DIAMOND MAKHABA                           PLAINTIFF

 

And

 

THE COMMISSIONER OF POLICE       1ST RESPONDENT

THE ATTORNY GENERAL                     2ND RESPONDENT

 

 

JUDGMENT

 

CORAM:                          T. NOMNGCONGO

Makh'apha v The Commissioner of Police (CIV/T/130/13) [2018] LSHC 34 (15 November 2018);

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IN THE HIGH COURT OF LESOTHO

                                                                                                                                                                                                         CIV/T/130/2013

 

In the matter between:

 

MAHLOMOLA MAKH’APHA                                               PLAINTIFF

and

THE COMMISSIONER OF POLICE                           1ST DEFENDANT

Lelimo v Group 4 Security Lesotho (CIV/T/157/10) [2018] LSHC 30 (27 August 2018);

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Search Summary: 

The plaintiff claims payment of the amount of M48,362.22 plus what he calls the loss of contract at the rate of M7500.00 per week since 17th August 2005 to date of payment plus interest at the rate of 18% per annum tempore morae and costs of suit. This claim arises out of a collision between plaintiff’s and defendant’s vehicle at a junction f the road along Queen Elizabeth II hospital.

IN THE HIGH COURT OF LESOTHO

 

CIV/T/157/2010

 

In the matter between:

 

BOKANG LELIMO                                                           PLAINTIFF

 

and

 

GROUP 4 SECURITY LESOTHO (PTY) LTD           1st DEFENDANT

MASIMPHANE TAELI                                                2nd DEFENDANT

 

 

CORAM                        : Nomngcongo J.

Ntoane v Bereng (CIV/T/132/10) [2018] LSHC 25 (08 May 2018);

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Plaintiff asking the Court to in the main award him damages against the Defendant for having used his tractor after despoiling him of its lawful and peaceful possession - The Court in dismissing the case found that the Plaintiff had voluntarily taken the tractor to the Defendant as a temporary solution pending a repair of a mechanically dysfunctional milling part of the earlier tractor which the Defendant had bought from the Plaintiff for M25.000 00 after the seller had assured the buyer that it was functional – instead, the Defendant sold the original tractor to a third party for M30 000 00. Secondly, it held that the Plaintiff had through chicanery against the Defendant been unjustly enriched – This being against public policy and societal morals.

IN THE HIGH COURT OF LESOTHO

(HELD AT MASERU)

 

CIV/T/132/2010

 

In the matter between:

 

TEBOHO NTOANE                                                         PLAINTIFF

AND

 

MOTS’AMA BERENG                                                  DEFENDANT

 

JUDGMENT

Coram                     :       Honourable Justice E.F.M. Makara

Letebele v Lesotho National Development Corporation (CIV/T/512/13) [2020] LSHC 9 (27 May 2020);

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The Plaintiff suing the Defendant for damages arising from the omission of the latter to maintain sufficient lightening of the staircase way to avoid a miscalculation of the steps resulting from blurred lights.  This caused the Plaintiff to accidentally fall down over the steps and thereby sustaining bodily injuries with future adverse consequences and compromise on her quality of life.  The Defendant advancing a defence of contributory negligence by the Plaintiff.  It was held that the Plaintiff had proven that in the circumstances, the Defendant had a duty to maintain the lights and ought to have foreseen that failure to do so, had a propensity to cause the accident under consideration.  The defence of contributory negligence was dismissed since the incidence happened at the time she had to exit the building by navigating her way down the staircase to get outside on her way home.  She could not remain inside as it was time to knock off from duty.  Resultantly, she was awarded the compensation she had prayed for.    

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                            CIV/T/512/2013

In the matter between:

‘MAARABANG LETEBELE                                         PLAINTIFF

AND

LESOTHO NATIONAL DEVELOPMENT CORPORATION

(LNDC)                                                                    DEFENDANT

 

JUDGMENT

 

Coram                      :       Hon. Mr. Justice E.F.M.Makara

Koeshe V The Commissioner of Police (CIV/T/264/13) [2019] LSHC 17 (01 July 2019);

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IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                                    CIV/T/264/2013

 

In the matter between:

 

TEFO CASWELL KOESHE                                       PLAINTIFF

 

AND

 

THE COMMISSIONER OF POLICE                         1st DEFENDANT

O/C MOFOLO POLICE STATION                             2nd DEFENDANT

None V Commissioner of Police (CIV/T/307/17 ) [2019] LSHC 15 (08 April 2019);

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IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/T/307/17

 

 

In the matter between

 

 

JANKIE NONE                                                            PLAINTIFF

 

 

AND

 

 

THE COMMISSIONER OF POLICE                         1st DEFENDANT

THE ATTORNEY GENERAL                                    2nd DEFENDANT

 

Leuta v Kobe Motors (Pty) Ltd (CIV/T/412/18) [2019] LSHC 12 (27 September 2019);

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                                                                                              CIV/T/412/2018

 

IN THE HIGH COURT OF LESOTHO

In the matter between

 

LITEBOHO LEUTA                                                           PLAINTIFF

 

And

 

KOBE MOTORS (Pty) Ltd                                                 DEFENDANT

 

JUDGEMENT

 

 

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