Kemane v Sello (CIV/T 100 of 83) [1983] LSCA 77 (15 August 1983)

Kemane v Sello (CIV/T 100 of 83) [1983] LSCA 77 (15 August 1983)

Plaintiff failed to establish on a balance of probabilities that she was indigent and that the deceased child was able to provide support; thus, the claim for loss of support fails. Funeral and related expenses were allowed as reasonable.

Citation
[1983] LSCA 77
Parties
Plaintiff: 'Manthabiseng Kemane; Defendant: 'Maresetse Sello
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
15 August 1983
Case Number
CIV/T 100 of 83
Procedural Posture
Civil / Judgment
Outcome
partly allowed
Legal Topics
Loss of Support, Damages, Duty of Support, Funeral Expenses
Source Language
English
Tort Family Law Loss of Support Damages Duty of Support Funeral Expenses

Case Brief

Summary, issues, holding and outcome

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Parties

'Manthabiseng Kemane

Plaintiff

'Maresetse Sello

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for loss of support due to the death of her minor son
  2. 2 Whether the claimed funeral and related expenses are reasonable and recoverable

Ratio Decidendi

Plaintiff failed to establish on a balance of probabilities that she was indigent and that the deceased child was able to provide support; thus, the claim for loss of support fails. Funeral and related expenses were allowed as reasonable.

Court Disposition

partly allowed

Orders

  • Claim for M3,000.00 for loss of support refused
  • Plaintiff awarded M932.00 for funeral and related expenses