Rafoneke v Southway Motors (CIV/T/ 91 of 97) [2001] LSCA 34 (7 February 2001)
Plaintiff proved his claim with receipts and is entitled to damages as reflected in the summons and release of his vehicle.
Source-derived case information.
- Citation
- [2001] LSCA 34
- Parties
- Plaintiff: Simon Rafoneke; Defendant: Southway Motors
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- CIV/T/ 91 of 97
- Procedural Posture
- Civil / Judgment
- Outcome
- judgment for plaintiff
- Legal Topics
- Damages, Recovery of Property
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Simon Rafoneke
Plaintiff
Southway Motors
Defendant
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether the plaintiff is entitled to damages for immobiliser and vehicle hire costs
- 2 Whether the defendant should release the plaintiff's vehicle
Ratio Decidendi
Plaintiff proved his claim with receipts and is entitled to damages as reflected in the summons and release of his vehicle.
Court Disposition
judgment for plaintiff
Orders
- Defendant to pay plaintiff M1,700 for immobiliser
- Defendant to pay plaintiff M19,850 for vehicle hire costs
Full Case Text
Judgment text and source record
1 paragraphs
1 CIV/T/91/97 IN THE HIGH COURT OF LESOTHO In the matter between : SIMON RAFONEKE Plaintiff and SOUTHWAY M O T O RS Defendant J U D G M E NT Delivered by the Hon. Mr Justice M. L. Lehohla on the 7th day of February. 2001 Oh, very well then, Mr Rafoneke the Court finds that you have proved your case and you have justified your claim with receipts that the Court has seen. 1 am afraid I am not able to give you anything beyond what is reflected in the summons. In other words the ninety thousand and forty Maloti (M90,040-00) consisting of forty thousand plus fifty thousand cannot really be part of what is before me. You will have to do something about that if you want to claim it. In the circumstances you are awarded : One Thousand and Seven Hundred Maloti (M1,700-00) in respect of the immobiliser; Nineteen Thousand Eight Hundred and Fifty (M19,850-00) in respect of the cost that you kept on incurring as you were put under the necessity to hire vehicles to transport your merchandise while your vehicle was stationary at the premises of the defendants before you could buy one to replace it. Cost of suit plus Further that defendants are ordered to release to you the vehicle in the condition it is in now. JUDGE 7th February, 2001 For Plaintiff: Mr Molapo For Defendant: No Appearance