Teboho Modia V COMPOL (C of A (CIV) 76/2024) [2025] LSCA 34 (2 May 2025)

Teboho Modia V COMPOL (C of A (CIV) 76/2024) [2025] LSCA 34 (2 May 2025)

The High Court erred by upholding the special plea of prescription without hearing oral evidence on disputed facts. The matter must be remitted for proper adjudication with oral testimony.

Citation
[2025] LSCA 34
Parties
Appellant: Teboho Modia; 1st Respondent: Commissioner of Police; 2nd Respondent: Attorney General
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
2 May 2025
Case Number
C of A (CIV) 76/2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Malicious Arrest, Prescription, Damages, Remittal, Judicial Caution in Language
Source Language
English
Tort Law Civil Procedure Human Rights Malicious Arrest Prescription Damages Remittal Judicial Caution in Language

Case Brief

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Parties

Teboho Modia

Appellant

Commissioner of Police

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred in upholding a special plea of prescription without hearing oral evidence
  2. 2 Whether the claim for damages was prescribed under section 77 of the Police Service Act 1998
  3. 3 Whether remittal to the High Court is appropriate

Ratio Decidendi

The High Court erred by upholding the special plea of prescription without hearing oral evidence on disputed facts. The matter must be remitted for proper adjudication with oral testimony.

Court Disposition

appeal allowed

Orders

  • The appeal is upheld.
  • The order of the High Court is set aside.