Borotho v Sesiu (CIV/T/472/2018) [2022] LSHC 35 (17 June 2022)

Borotho v Sesiu (CIV/T/472/2018) [2022] LSHC 35 (17 June 2022)

The plaintiff proved the damages and entitlement to the claimed amount through documentary and oral evidence. Subrogation by the insurer did not need to be pleaded. The court granted judgment as prayed with costs.

Citation
[2022] LSHC 35
Parties
Plaintiff: Molemo Borotho; Defendant: Napo Sesiu
Court
High Court
Jurisdiction
Lesotho
Judgment Date
17 June 2022
Case Number
CIV/T/472/2018
Procedural Posture
Civil / Default Judgment
Outcome
Judgment for the plaintiff with costs
Legal Topics
Motor Vehicle Accident, Subrogation, Default Judgment, Proof of Loss
Source Language
English
Insurance Law Delict/tort Motor Vehicle Accident Subrogation Default Judgment Proof of Loss

Case Brief

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Parties

Molemo Borotho

Plaintiff

Napo Sesiu

Defendant

Procedural Posture

Civil / Default Judgment

Legal Issues

  1. 1 Whether the plaintiff proved damages arising from a motor vehicle collision for purposes of default judgment
  2. 2 Whether subrogation by the insurer needed to be pleaded or disclosed

Ratio Decidendi

The plaintiff proved the damages and entitlement to the claimed amount through documentary and oral evidence. Subrogation by the insurer did not need to be pleaded. The court granted judgment as prayed with costs.

Court Disposition

Judgment for the plaintiff with costs

Orders

  • Plaintiff awarded M31,042.26 as claimed
  • Defendant to pay costs