Katsane v Makintane (CIV/T/34/2019) [2022] LSHC 1 (7 February 2022)

Defendant’s negligence was proven on a balance of probabilities based on the police accident report. Plaintiff was awarded damages for repairs and pain and suffering as substantiated by evidence, but not for medical expenses due to lack of proof. Interest was awarded at the Central Bank’s prevailing rate.

Citation: [2022] LSHC 1
Parties: Plaintiff: Mathibela Katsane; Defendant: Libe Makintane
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 7 February 2022 8 August 2022 7 February 2022
Case Number: CIV/T/34/2019
Procedural Posture: Civil / Judgment After Default Hearing
Outcome: judgment for plaintiff
Legal Topics: Motor Vehicle Accident, Damages, Negligence, Default Judgment
Source Language: English

Tort Civil Procedure Motor Vehicle Accident Damages Negligence Default Judgment

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 2

Parties

Mathibela Katsane

Plaintiff

Libe Makintane

Defendant

Procedural Posture

Civil / Judgment After Default Hearing

Legal Issues

1 Whether the defendant was negligent in causing the motor vehicle collision
2 Whether the plaintiff is entitled to damages for repairs, pain and suffering, medical expenses, and interest

Ratio Decidendi

Court Disposition

judgment for plaintiff

Orders

Defendant to pay plaintiff M47,270.00 in damages
Defendant to pay interest at 8.56% per annum as provided by the Central Bank of Lesotho