Moletsane v Molapo (CIV/T 384 of 88) [1990] LSCA 94 (4 June 1990)

Moletsane v Molapo (CIV/T 384 of 88) [1990] LSCA 94 (4 June 1990)

The plaintiff proved on a balance of probabilities that the defendant unlawfully assaulted her. The defendant's claim of self-defence was not pleaded, was inconsistent with the evidence, and was found to be an afterthought. The injuries and circumstances supported the plaintiff's version. Damages were awarded but reduced to a reasonable amount.

Citation
[1990] LSCA 94
Parties
Plaintiff: Mabahlakoana Moletsane; Defendant: Teboho Molapo
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
4 June 1990
Case Number
CIV/T 384 of 88
Procedural Posture
Civil / Judgment
Outcome
judgment for plaintiff
Legal Topics
Assault, Damages, Self Defence, Contumelia
Source Language
English
Tort Personal Injury Assault Damages Self Defence Contumelia

Case Brief

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Parties

Mabahlakoana Moletsane

Plaintiff

Teboho Molapo

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant unlawfully assaulted the plaintiff
  2. 2 Whether the defendant's claim of self-defence is credible
  3. 3 Quantum of damages for assault, pain and suffering, contumelia, and medical expenses

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the defendant unlawfully assaulted her. The defendant's claim of self-defence was not pleaded, was inconsistent with the evidence, and was found to be an afterthought. The injuries and circumstances supported the plaintiff's version. Damages were awarded but reduced to a reasonable amount.

Court Disposition

judgment for plaintiff

Orders

  • Plaintiff awarded M2,015.00 in total damages
  • Defendant to pay costs of suit