Leqele v Storm Mountain Diamonds (Pty) Ltd (CIV/T 558 of 18) [2019] LSHC 62 (12 December 2019)

Leqele v Storm Mountain Diamonds (Pty) Ltd (CIV/T 558 of 18) [2019] LSHC 62 (12 December 2019)

The plaintiff's cause of action is clearly based on invasion of privacy, an independent personality infringement under actio injuriarum, and is not vague and embarrassing. The defendant's exception is without merit.

Citation
[2019] LSHC 62
Parties
Plaintiff: Selae Mphutlane Leqele; Defendant: Storm Mountain Diamonds (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 December 2019
Case Number
CIV/T 558 of 18
Procedural Posture
Civil / Ruling on Exception (pleadings)
Outcome
Exception dismissed with costs
Legal Topics
Exception, Vague and Embarrassing Pleadings, Invasion of Privacy, Actio Injuriarum
Source Language
English
Civil Procedure Exception Vague and Embarrassing Pleadings Invasion of Privacy Actio Injuriarum

Case Brief

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Parties

Selae Mphutlane Leqele

Plaintiff

Storm Mountain Diamonds (Pty) Ltd

Defendant

Procedural Posture

Civil / Ruling on Exception (pleadings)

Legal Issues

  1. 1 Whether the plaintiff's summons are vague and embarrassing
  2. 2 Whether the summons disclose a cause of action

Ratio Decidendi

The plaintiff's cause of action is clearly based on invasion of privacy, an independent personality infringement under actio injuriarum, and is not vague and embarrassing. The defendant's exception is without merit.

Court Disposition

Exception dismissed with costs

Orders

  • The exception is dismissed with costs.