Khetsi Khetsi V 'Mabatho Tlali-tlali & Ano. (CIV/T/702/2018) [2025] LSHC 51 (28 February 2025)

The plaintiff adduced sufficient circumstantial evidence relating to all elements of his claim under actio de pauperie and negligence, such that a reasonable court might find for him; therefore, absolution from the instance is not warranted at this stage.

Citation: [2025] LSHC 51
Parties: Plaintiff: Khetsi Khetsi; 1st Defendant: ‘Mabatho Tlai-Tlai; 2nd Defendant: Lebohang Hlatsana
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 28 February 2025
Case Number: CIV/T/702/2018
Procedural Posture: Civil / Application for Absolution From the Instance at Close of Plaintiff’s Case
Outcome: Application for absolution from the instance dismissed with costs
Legal Topics: Absolution From the Instance, Actio De Pauperie, Damages for Animal Attack, Evidentiary Burden
Source Language: English

Delict Civil Procedure Absolution From the Instance Actio De Pauperie Damages for Animal Attack Evidentiary Burden

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Parties

Khetsi Khetsi

Plaintiff

‘Mabatho Tlai-Tlai

1st Defendant

Lebohang Hlatsana

2nd Defendant

Procedural Posture

Civil / Application for Absolution From the Instance at Close of Plaintiff’s Case

Legal Issues

1 Whether the plaintiff adduced sufficient evidence to survive absolution from the instance
2 Whether circumstantial evidence is sufficient to establish liability under actio de pauperie
3 Whether the quantum of damages was sufficiently proved

Ratio Decidendi

Court Disposition

Application for absolution from the instance dismissed with costs

Orders

Defendants’ application for absolution from the instance is dismissed with costs