Nkopane Mohlomi V Lesotho National Insurance Company (CIV/T/634/2018) [2025] LSHC 67 (21 February 2025)

Nkopane Mohlomi V Lesotho National Insurance Company (CIV/T/634/2018) [2025] LSHC 67 (21 February 2025)

The plaintiff’s claim, being statutorily limited to M 12,000.00 under section 8(1) of the Motor Vehicle Insurance Order, 1989, falls within the jurisdiction of the Magistrates’ Court. The High Court’s jurisdiction is ousted unless leave is granted, which was not sought or obtained. The special plea on jurisdiction is upheld.

Citation
[2025] LSHC 67
Parties
Plaintiff: Nkopane Mohlomi; 1st Defendant: Lesotho National Insurance Company; 2nd Defendant: 'Mamoea Hlathe; 3rd Defendant: Mpaka Mafaesa
Court
High Court
Jurisdiction
Lesotho
Judgment Date
21 February 2025
Case Number
CIV/T/634/2018
Procedural Posture
Civil / Judgment on Special Plea (jurisdiction)
Outcome
Special plea upheld; High Court declines jurisdiction; costs awarded to defendant.
Legal Topics
Jurisdiction, Motor Vehicle Insurance, Damages, Special Plea
Source Language
English
Insurance Law Civil Procedure Jurisdiction Motor Vehicle Insurance Damages Special Plea

Case Brief

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Parties

Nkopane Mohlomi

Plaintiff

Lesotho National Insurance Company

1st Defendant

'Mamoea Hlathe

2nd Defendant

Mpaka Mafaesa

3rd Defendant

Procedural Posture

Civil / Judgment on Special Plea (jurisdiction)

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear a claim for damages by a passenger injured in a motor vehicle accident where the statutory limit is M 12,000.00.

Ratio Decidendi

The plaintiff’s claim, being statutorily limited to M 12,000.00 under section 8(1) of the Motor Vehicle Insurance Order, 1989, falls within the jurisdiction of the Magistrates’ Court. The High Court’s jurisdiction is ousted unless leave is granted, which was not sought or obtained. The special plea on jurisdiction is upheld.

Court Disposition

Special plea upheld; High Court declines jurisdiction; costs awarded to defendant.

Orders

  • Special plea on jurisdiction is upheld.
  • Plaintiff’s claim is dismissed for want of jurisdiction.