Qhalane v Makhetha (CCT/0178/2021) [2023] LSHC 1 (16 February 2023)
The plaintiff is entitled to repayment of the purchase price and damages for the handling fee paid to the contractor, but not for loss of business profits, as such loss is not generally recoverable in a contract of sale absent special circumstances. Contributory negligence is not a defence unless it is the sole cause of loss.
- Citation
- [2023] LSHC 1
- Parties
- Plaintiff: Pheleka Qhalane; Defendant: Mokuena Makhetha
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 16 February 2023
- Case Number
- CCT/0178/2021
- Procedural Posture
- Civil Contract / Judgment After Trial
- Outcome
- Plaintiff's claim partly succeeds.
- Legal Topics
- Breach of Contract, Damages Assessment, Mora Interest, Contributory Negligence
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Pheleka Qhalane
Plaintiff
Mokuena Makhetha
Defendant
Procedural Posture
Civil Contract / Judgment After Trial
Legal Issues
- 1 Whether the plaintiff is entitled to damages of M10,000.00 for handling fee paid to contractor
- 2 Whether the plaintiff is entitled to M18,000.00 for loss of business profits due to breach of contract
Ratio Decidendi
The plaintiff is entitled to repayment of the purchase price and damages for the handling fee paid to the contractor, but not for loss of business profits, as such loss is not generally recoverable in a contract of sale absent special circumstances. Contributory negligence is not a defence unless it is the sole cause of loss.
Court Disposition
Plaintiff's claim partly succeeds.
Orders
- Agreement cancelled
- Defendant to pay plaintiff M55,000.00 (purchase price)
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