Nchere v Roads Directorate (CIV/T 504 of 19) [2019] LSHC 39 (11 November 2019)
Defendant's failure to warn or barricade a hazardous pit near a road created foreseeable risk to pedestrians, establishing liability for damages sustained by plaintiff. Damages awarded based on proven medical expenses, loss of earnings, and general damages, with reductions for insufficient evidence and contingencies.
- Citation
- [2019] LSHC 39
- Parties
- Plaintiff: Pekenene Donald Nchere; Defendant: Roads Directorate
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 11 November 2019
- Case Number
- CIV/T 504 of 19
- Procedural Posture
- Civil Action for Damages / Judgment After Uncontested Hearing
- Outcome
- Default judgment for plaintiff
- Legal Topics
- Liability for Omissions, Duty of Care, Damages Assessment, Road Maintenance Liability
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Pekenene Donald Nchere
Plaintiff
Roads Directorate
Defendant
Procedural Posture
Civil Action for Damages / Judgment After Uncontested Hearing
Legal Issues
- 1 Whether the defendant is liable for damages caused by an unprotected pit on a road reserve
- 2 Quantum of damages proved
Ratio Decidendi
Defendant's failure to warn or barricade a hazardous pit near a road created foreseeable risk to pedestrians, establishing liability for damages sustained by plaintiff. Damages awarded based on proven medical expenses, loss of earnings, and general damages, with reductions for insufficient evidence and contingencies.
Court Disposition
Default judgment for plaintiff
Orders
- Medical expenses already incurred: M1,029
- Estimated future medical expenses: M5,000
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment