Lesotho Milling Co. v Tlelai (CIV/T 83 of 80) [1980] LSHC 22 (31 March 1980)

Lesotho Milling Co. v Tlelai (CIV/T 83 of 80) [1980] LSHC 22 (31 March 1980)

Marking a cheque 'uncleared effects' amounts to dishonour, entitling the plaintiff to provisional sentence as prayed.

Citation
[1980] LSHC 22
Parties
Plaintiff: Lesotho Milling Co.; Defendant: Paleo Tlelai
Court
High Court
Jurisdiction
Lesotho
Judgment Date
31 March 1980
Case Number
CIV/T 83 of 80
Procedural Posture
Provisional Sentence / Judgment
Outcome
provisional sentence granted with costs
Legal Topics
Dishonoured Cheque, Provisional Sentence, Negotiable Instruments
Source Language
English
Banking Law Commercial Law Dishonoured Cheque Provisional Sentence Negotiable Instruments

Case Brief

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Parties

Lesotho Milling Co.

Plaintiff

Paleo Tlelai

Defendant

Procedural Posture

Provisional Sentence / Judgment

Legal Issues

  1. 1 Whether marking a cheque 'uncleared effects' constitutes dishonour
  2. 2 Whether plaintiff is entitled to provisional sentence on the cheque

Ratio Decidendi

Marking a cheque 'uncleared effects' amounts to dishonour, entitling the plaintiff to provisional sentence as prayed.

Court Disposition

provisional sentence granted with costs

Orders

  • Provisional sentence granted as prayed
  • Defendant to pay costs