S v Khutlisi ((CRI) 5 of 1989) [1990] LSCA 12 (26 January 1990)

S v Khutlisi ((CRI) 5 of 1989) [1990] LSCA 12 (26 January 1990)

The plaintiff's uncontroverted evidence established that he completed the contracted works and is entitled to payment; the defendant failed to provide evidence to support his allegations of incomplete work or theft, and thus the plaintiff discharged his onus of proof.

Source-derived case information.

Citation
[1990] LSCA 12
Parties
Plaintiff: Lebohang Monaphathi; Defendant: Fred Se hloho
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
26 January 1990
Case Number
(CRI) 5 of 1989
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Oral Contract, Building Contracts, Payment for Work Done, Breach of Contract, Assessment of Work, Set Off
Source Language
english
Contract Law Oral Contract Building Contracts Payment for Work Done Breach of Contract Assessment of Work Set Off

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lebohang Monaphathi

Plaintiff

Fred Se hloho

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff completed the work as agreed under the oral contract
  2. 2 Whether the defendant is liable to pay the claimed amount for work done
  3. 3 Whether defendant's allegations of theft and incomplete work are substantiated

Ratio Decidendi

The plaintiff's uncontroverted evidence established that he completed the contracted works and is entitled to payment; the defendant failed to provide evidence to support his allegations of incomplete work or theft, and thus the plaintiff discharged his onus of proof.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded M3,000 as prayed in the summons
  • Defendant to pay costs