Sekei v Majoro and Others (CIV/T 558 of 87) [1990] LSCA 32 (2 February 1990)

Sekei v Majoro and Others (CIV/T 558 of 87) [1990] LSCA 32 (2 February 1990)

The plaintiff established a prima facie case of completion of contracted works and entitlement to payment, which was not rebutted by the defendant through evidence. The defendant's allegations were unsupported and did not justify withholding payment.

Citation
[1990] LSCA 32
Parties
Plaintiff: LEBOHANG MONAPHATHI; Defendant: FRED SEHLOHO
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
2 February 1990
Case Number
CIV/T 558 of 87
Procedural Posture
Civil / Judgment
Outcome
Judgment for plaintiff
Legal Topics
Oral Contract, Building Contract, Quantum Meruit, Proof of Performance, Set Off
Source Language
English
Contract Law Oral Contract Building Contract Quantum Meruit Proof of Performance Set Off

Case Brief

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Parties

LEBOHANG MONAPHATHI

Plaintiff

FRED SEHLOHO

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff completed the contracted building works and is entitled to payment
  2. 2 Whether the defendant is entitled to withhold payment due to alleged theft or incomplete work

Ratio Decidendi

The plaintiff established a prima facie case of completion of contracted works and entitlement to payment, which was not rebutted by the defendant through evidence. The defendant's allegations were unsupported and did not justify withholding payment.

Court Disposition

Judgment for plaintiff

Orders

  • Defendant to pay plaintiff M3,000-00
  • Defendant to pay interest at 11% per annum