Malataliana v Compol (CIV/T/703/2019) [2023] LSHC 7 (10 February 2023)

Malataliana v Compol (CIV/T/703/2019) [2023] LSHC 7 (10 February 2023)

The court found, on the balance of probabilities and corroborated by medical evidence, that the plaintiff was assaulted by police while in detention, entitling him to damages for pain and suffering, contumelia, and medical expenses. The claim for unlawful detention failed as the plaintiff did not prove detention beyond the lawful period.

Citation
[2023] LSHC 7
Parties
Plaintiff: Ntabanyane Malataliana; 1st Defendant: Commissioner of Police; 2nd Defendant: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
10 February 2023
Case Number
CIV/T/703/2019
Procedural Posture
Civil / Judgment
Outcome
Plaintiff partially succeeds; awarded damages for assault, contumelia, and medical expenses; claim for unlawful detention dismissed.
Legal Topics
Assault by Police, Damages, Pain and Suffering, Contumelia, Unlawful Detention
Source Language
English
Delict Tort Law Assault by Police Damages Pain and Suffering Contumelia Unlawful Detention

Case Brief

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Parties

Ntabanyane Malataliana

Plaintiff

Commissioner of Police

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiff was assaulted by police while in detention
  2. 2 Whether the plaintiff was unlawfully detained
  3. 3 Quantum of damages for pain and suffering, contumelia, and medical expenses

Ratio Decidendi

The court found, on the balance of probabilities and corroborated by medical evidence, that the plaintiff was assaulted by police while in detention, entitling him to damages for pain and suffering, contumelia, and medical expenses. The claim for unlawful detention failed as the plaintiff did not prove detention beyond the lawful period.

Court Disposition

Plaintiff partially succeeds; awarded damages for assault, contumelia, and medical expenses; claim for unlawful detention dismissed.

Orders

  • Defendants to pay plaintiff M45,000.00 for pain and suffering.
  • Defendants to pay plaintiff M25,000.00 for contumelia.