Tsiu v Nthane Brothers (Pty) Ltd (CIV/T 310 of 2010) [2014] LSHC 87 (19 August 2014)

Tsiu v Nthane Brothers (Pty) Ltd (CIV/T 310 of 2010) [2014] LSHC 87 (19 August 2014)

The plaintiff established a prima facie case that his vehicle was leased to the Roads Department at the time of the accident, and this evidence was not denied by the defendant. Therefore, the application for absolution from the instance is not well taken and must be dismissed.

Citation
[2014] LSHC 87
Parties
Plaintiff: Malefetsane Ts’iu; Defendant: Nthane Brothers (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
19 August 2014
Case Number
CIV/T 310 of 2010
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 in the cause.
Legal Topics
Damages, Negligence, Absolution From the Instance
Source Language
English
Tort Civil Procedure Damages Negligence Absolution From the Instance

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Parties

Malefetsane Ts’iu

Plaintiff

Nthane Brothers (Pty) Ltd

Defendant

Procedural Posture

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

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case for damages due to loss of income resulting from defendant's negligence
  2. 2 Whether absolution from the instance should be granted at the close of plaintiff's case

Ratio Decidendi

The plaintiff established a prima facie case that his vehicle was leased to the Roads Department at the time of the accident, and this evidence was not denied by the defendant. Therefore, the application for absolution from the instance is not well taken and must be dismissed.

Court Disposition

Application for absolution from the instance dismissed with costs in the cause.

Orders

  • Application for absolution from the instance is dismissed.
  • Costs to be costs in the cause.