Mpheulane v Lesoli (CIV/T 55 of 81) [1981] LSHC 86 (24 November 1981)

Mpheulane v Lesoli (CIV/T 55 of 81) [1981] LSHC 86 (24 November 1981)

The court found the plaintiff's evidence credible and substantially true, holding the defendant liable for assault and seduction. There was no enforceable contract for wages or school fees, but damages were awarded for assault, seduction (using customary law equivalents), and medical expenses. Maintenance was denied as the child was adopted. The court ordered attachment of the defendant's assets to secure the judgment.

Citation
[1981] LSHC 86
Parties
Plaintiff: Nthabiseng Mpheulane; Defendant: Limpho Lesoli
Court
High Court
Jurisdiction
Lesotho
Judgment Date
24 November 1981
Case Number
CIV/T 55 of 81
Procedural Posture
Civil / Judgment
Outcome
Judgment for the plaintiff
Legal Topics
Assault, Seduction, Damages, Employment Relationship, Maintenance, Medical Expenses
Source Language
English
Tort Law Employment Law Family Law Assault Seduction Damages Employment Relationship Maintenance +1 more

Case Brief

Summary, issues, holding and outcome

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Parties

Nthabiseng Mpheulane

Plaintiff

Limpho Lesoli

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the defendant assaulted and seduced the plaintiff
  2. 2 Whether the plaintiff was entitled to damages for assault and seduction
  3. 3 Whether there was an enforceable employment contract or entitlement to wages or school fees

Ratio Decidendi

The court found the plaintiff's evidence credible and substantially true, holding the defendant liable for assault and seduction. There was no enforceable contract for wages or school fees, but damages were awarded for assault, seduction (using customary law equivalents), and medical expenses. Maintenance was denied as the child was adopted. The court ordered attachment of the defendant's assets to secure the judgment.

Court Disposition

Judgment for the plaintiff

Orders

  • Plaintiff awarded M4173 with 6% interest from date of judgment
  • Taxed costs on party and party scale, including costs of CIV/APN/30/81, to be paid into the revenue of the Chief Legal Aid Officer