Mohlakola v Shoprite Supermarket (Pty) Ltd (CIV/T 238 of 10) [2020] LSHC 51 (9 September 2020)

Mohlakola v Shoprite Supermarket (Pty) Ltd (CIV/T 238 of 10) [2020] LSHC 51 (9 September 2020)

The plaintiff's version was found credible and probable, while the defendant's witnesses were not credible. The plaintiff proved on a balance of probabilities that he was assaulted by the defendant's security personnel and is entitled to general and special damages.

Citation
[2020] LSHC 51
Parties
Plaintiff: Francis Ts`otleho Mohlakola; Defendant: Shoprite Supermaket (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 September 2020
Case Number
CIV/T 238 of 10
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Assault, Damages, Liability of Employer for Employees
Source Language
English
Tort Assault Damages Liability of Employer for Employees

Case Brief

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Parties

Francis Ts`otleho Mohlakola

Plaintiff

Shoprite Supermaket (Pty) Ltd

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff was assaulted by the defendant's security personnel
  2. 2 Whether the plaintiff was the aggressor in the incident
  3. 3 Whether the plaintiff is entitled to general and special damages

Ratio Decidendi

The plaintiff's version was found credible and probable, while the defendant's witnesses were not credible. The plaintiff proved on a balance of probabilities that he was assaulted by the defendant's security personnel and is entitled to general and special damages.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff awarded general damages of M35,000.00
  • Plaintiff awarded special damages of M4,705.00