Nyolohelo Tae v Sepinare Masupha (CIV/T 246 of 7) [2013] LSHC 34 (12 January 2013)

Nyolohelo Tae v Sepinare Masupha (CIV/T 246 of 7) [2013] LSHC 34 (12 January 2013)

Plaintiff established on a balance of probabilities that he was assaulted by the defendant, corroborated by eyewitnesses. However, plaintiff failed to provide evidence of subjective feelings for contumelia and pain and suffering, and failed to prove medical expenses. Court awarded nominal damages for contumelia and pain and suffering, but dismissed the claim for medical expenses for want of proof.

Citation
[2013] LSHC 34
Parties
Plaintiff: Nyolohelo Tae; Defendant: Sepinare Masupha
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 January 2013
Case Number
CIV/T 246 of 7
Procedural Posture
Civil Action for Damages (assault) / Judgment After Full Hearing
Outcome
Plaintiff's claim partially granted.
Legal Topics
Assault, Damages, Contumelia, Pain and Suffering, Medical Expenses, Impairment of Dignity
Source Language
English
Tort Law Civil Procedure Assault Damages Contumelia Pain and Suffering Medical Expenses Impairment of Dignity

Case Brief

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Parties

Nyolohelo Tae

Plaintiff

Sepinare Masupha

Defendant

Procedural Posture

Civil Action for Damages (assault) / Judgment After Full Hearing

Legal Issues

  1. 1 Whether the defendant unlawfully assaulted the plaintiff
  2. 2 Whether the plaintiff is entitled to damages for contumelia, pain and suffering, impairment of dignity, and medical expenses
  3. 3 Quantum of damages to be awarded

Ratio Decidendi

Plaintiff established on a balance of probabilities that he was assaulted by the defendant, corroborated by eyewitnesses. However, plaintiff failed to provide evidence of subjective feelings for contumelia and pain and suffering, and failed to prove medical expenses. Court awarded nominal damages for contumelia and pain and suffering, but dismissed the claim for medical expenses for want of proof.

Court Disposition

Plaintiff's claim partially granted.

Orders

  • Plaintiff awarded M15,000.00 for contumelia.
  • Plaintiff awarded M2,000.00 for pain and suffering.