Maluti Community Development Forum & 7 Others V Lets'eng Diamond Mine (Pty) Ltd (CIV/T/576/2017) [2024] LSHC 50 (8 May 2024)

Maluti Community Development Forum & 7 Others V Lets'eng Diamond Mine (Pty) Ltd (CIV/T/576/2017) [2024] LSHC 50 (8 May 2024)

There was no agreement on monthly remuneration; plaintiffs' proposal was rejected and they continued to serve under the defendant's counter-proposal. The essential term of remuneration was not agreed or specified, rendering the alleged contract unenforceable. Plaintiffs' evidence does not support a finding in their favour.

Citation
[2024] LSHC 50
Parties
Plaintiff: Maluti Community Development Forum; Plaintiff: Lentsoete Moahi; Plaintiff: ‘Mamoalosi Ntsiki; Plaintiff: Sephapo Moletsane; Plaintiff: ‘Maponts’o Lematla; Plaintiff: Ntaoleng Mporo; Plaintiff: ‘Malulang Lematla; Plaintiff: ‘Marethabile Motokoa; Defendant: Letšeng Diamond Mine (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 May 2024
Case Number
CIV/T/576/2017
Procedural Posture
Civil / Ruling on Application for Absolution From the Instance
Outcome
absolution from the instance with costs
Legal Topics
Existence of Contract, Enforceability of Oral Agreements, Remuneration as Essential Term, Absolution From the Instance
Source Language
English
Contract Law Employment Law Existence of Contract Enforceability of Oral Agreements Remuneration as Essential Term Absolution From the Instance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Maluti Community Development Forum

Plaintiff

Lentsoete Moahi

Plaintiff

‘Mamoalosi Ntsiki

Plaintiff

Sephapo Moletsane

Plaintiff

‘Maponts’o Lematla

Plaintiff

Ntaoleng Mporo

Plaintiff

‘Malulang Lematla

Plaintiff

‘Marethabile Motokoa

Plaintiff

Letšeng Diamond Mine (Pty) Ltd

Defendant

Procedural Posture

Civil / Ruling on Application for Absolution From the Instance

Legal Issues

  1. 1 Whether an enforceable contract of employment existed between plaintiffs and defendant
  2. 2 Whether monthly remuneration of M2,500 was an agreed term
  3. 3 Whether plaintiffs are entitled to compensation as claimed

Ratio Decidendi

There was no agreement on monthly remuneration; plaintiffs' proposal was rejected and they continued to serve under the defendant's counter-proposal. The essential term of remuneration was not agreed or specified, rendering the alleged contract unenforceable. Plaintiffs' evidence does not support a finding in their favour.

Court Disposition

absolution from the instance with costs

Orders

  • Defendant is absolved from the instance with costs