Standard Lesotho Bank v Makape (CCT 12 of 11) [2011] LSHC 134 (2 May 2011)

Standard Lesotho Bank v Makape (CCT 12 of 11) [2011] LSHC 134 (2 May 2011)

Defendant failed to provide any proof of payment or evidence of insurance coverage being activated. There was no triable issue and the plaintiff's claim was unimpeachable, entitling plaintiff to summary judgment.

Citation
[2011] LSHC 134
Parties
Plaintiff: Standard Lesotho Bank Limited; Defendant: Tlalane Mabel Makape
Court
High Court
Jurisdiction
Lesotho
Judgment Date
2 May 2011
Case Number
CCT 12 of 11
Procedural Posture
Civil (commercial) / Summary Judgment Application
Outcome
Summary judgment granted for plaintiff
Legal Topics
Summary Judgment, Loan Agreement, Personal Loan, Insurance Clause, Proof of Payment
Source Language
English
Banking Law Contract Law Summary Judgment Loan Agreement Personal Loan Insurance Clause Proof of Payment

Case Brief

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Parties

Standard Lesotho Bank Limited

Plaintiff

Tlalane Mabel Makape

Defendant

Procedural Posture

Civil (commercial) / Summary Judgment Application

Legal Issues

  1. 1 Whether the plaintiff is entitled to summary judgment for the loan amount claimed
  2. 2 Whether the defendant has a triable defence regarding the outstanding balance and insurance protection

Ratio Decidendi

Defendant failed to provide any proof of payment or evidence of insurance coverage being activated. There was no triable issue and the plaintiff's claim was unimpeachable, entitling plaintiff to summary judgment.

Court Disposition

Summary judgment granted for plaintiff

Orders

  • Payment of M38,946.57
  • Interest at 10.25% per annum from 21st January 2011 to date of full payment