Molelengoabe v Joosub (CIV/T 252 of 92) [1995] LSHC 26 (3 February 1995)

Molelengoabe v Joosub (CIV/T 252 of 92) [1995] LSHC 26 (3 February 1995)

The defendant is liable for the injuries caused by his dog as no defence was presented, and the plaintiff's evidence was uncontested. The damages claimed were reduced to amounts deemed reasonable by the court based on the nature of the injuries and comparable case law.

Citation
[1995] LSHC 26
Parties
Plaintiff: 'Mathekiso Molelengoabe; Defendant: K. E. Joosub
Court
High Court
Jurisdiction
Lesotho
Judgment Date
3 February 1995
Case Number
CIV/T 252 of 92
Procedural Posture
Civil / Judgment
Outcome
judgment for the plaintiff
Legal Topics
Damages, Personal Injury, Animal Liability, Negligence
Source Language
English
Tort Damages Personal Injury Animal Liability Negligence

Case Brief

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Parties

'Mathekiso Molelengoabe

Plaintiff

K. E. Joosub

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant is liable for injuries caused by his dog to the plaintiff
  2. 2 Assessment of damages for pain and suffering and disfigurement

Ratio Decidendi

The defendant is liable for the injuries caused by his dog as no defence was presented, and the plaintiff's evidence was uncontested. The damages claimed were reduced to amounts deemed reasonable by the court based on the nature of the injuries and comparable case law.

Court Disposition

judgment for the plaintiff

Orders

  • Plaintiff awarded M7,000-00 for pain and suffering
  • Plaintiff awarded M700-00 for disfigurement