Ramoseli v Tlebere (CIV/T 518 of 89) [1996] LSHC 34 (20 February 1996)

Ramoseli v Tlebere (CIV/T 518 of 89) [1996] LSHC 34 (20 February 1996)

The plaintiff proved on a balance of probabilities that the defendant assaulted her, causing injury and resulting damages. The court awarded damages for medical expenses, future medical expenses, loss of earnings, pain and suffering (reduced to reflect actual hospitalisation), and contumelia, but disallowed unsubstantiated future loss of earnings.

Citation
[1996] LSHC 34
Parties
Plaintiff: Mpatliseng Ramoseli; Defendant: Khotso Tlebere
Court
High Court
Jurisdiction
Lesotho
Judgment Date
20 February 1996
Case Number
CIV/T 518 of 89
Procedural Posture
Civil Tort (assault and Damages) / Judgment After Uncontested Hearing
Outcome
Judgment for the plaintiff
Legal Topics
Assault, Damages, Medical Expenses, Loss of Earnings, Pain and Suffering, Contumelia
Source Language
English
Tort Law Personal Injury Assault Damages Medical Expenses Loss of Earnings Pain and Suffering Contumelia

Case Brief

Summary, issues, holding and outcome

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Parties

Mpatliseng Ramoseli

Plaintiff

Khotso Tlebere

Defendant

Procedural Posture

Civil Tort (assault and Damages) / Judgment After Uncontested Hearing

Legal Issues

  1. 1 Whether the defendant is liable for assaulting the plaintiff and causing injury
  2. 2 Whether the plaintiff is entitled to damages for medical expenses, loss of earnings, pain and suffering, and contumelia

Ratio Decidendi

The plaintiff proved on a balance of probabilities that the defendant assaulted her, causing injury and resulting damages. The court awarded damages for medical expenses, future medical expenses, loss of earnings, pain and suffering (reduced to reflect actual hospitalisation), and contumelia, but disallowed unsubstantiated future loss of earnings.

Court Disposition

Judgment for the plaintiff

Orders

  • Defendant to pay plaintiff M222 for medical expenses
  • Defendant to pay plaintiff M500 for future medical expenses