Phuthi Transport (Pty) Ltd v Khiba (CIV/T 593 of 2010) [2017] LSHC 6 (6 March 2017)

Phuthi Transport (Pty) Ltd v Khiba (CIV/T 593 of 2010) [2017] LSHC 6 (6 March 2017)

Plaintiff failed to establish evidence linking payments to LRA or to prove the cheques were intended for LRA; no receipts, invoices, or records were produced, and the evidence was inconsistent and unreliable.

Citation
[2017] LSHC 6
Parties
Plaintiff: Phuthi Transport (Pty) Ltd; Defendant: Ramotikoe Khiba
Court
High Court
Jurisdiction
Lesotho
Judgment Date
6 March 2017
Case Number
CIV/T 593 of 2010
Procedural Posture
Civil / Absolution From the Instance at Close of Plaintiff's Case
Outcome
absolution from the instance granted
Legal Topics
Absolution From the Instance, Burden of Proof, Evidence
Source Language
English
Civil Procedure Absolution From the Instance Burden of Proof Evidence

Case Brief

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Parties

Phuthi Transport (Pty) Ltd

Plaintiff

Ramotikoe Khiba

Defendant

Procedural Posture

Civil / Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether defendant received funds from plaintiff to pay to Lesotho Revenue Authority (LRA)
  2. 2 Whether plaintiff established evidence linking payments to LRA

Ratio Decidendi

Plaintiff failed to establish evidence linking payments to LRA or to prove the cheques were intended for LRA; no receipts, invoices, or records were produced, and the evidence was inconsistent and unreliable.

Court Disposition

absolution from the instance granted

Orders

  • Defendant is absolved from the instance.