Linoko v R (CRI/A 3 of 90) [1991] LSCA 164 (19 December 1991)

Linoko v R (CRI/A 3 of 90) [1991] LSCA 164 (19 December 1991)

The defendant is prima facie liable on the cheque as there is nothing on the face of the cheque to indicate it was signed on behalf of a company; rectification is not established on affidavit evidence alone.

Source-derived case information.

Citation
[1991] LSCA 164
Parties
Plaintiff: TEK Appliances (Pty) Ltd; Defendant: David Ntlhasinye
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
19 December 1991
Case Number
CRI/A 3 of 90
Procedural Posture
Civil / Application for Provisional Sentence
Outcome
Provisional sentence granted
Legal Topics
Liability on Dishonoured Cheque, Director's Personal Liability, Rectification of Instrument
Source Language
english
Commercial Law Negotiable Instruments Liability on Dishonoured Cheque Director's Personal Liability Rectification of Instrument

Source-derived case record

Summary, issues, holding and outcome

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Parties

TEK Appliances (Pty) Ltd

Plaintiff

David Ntlhasinye

Defendant

Procedural Posture

Civil / Application for Provisional Sentence

Legal Issues

  1. 1 Whether the defendant is personally liable on a dishonoured cheque signed as director
  2. 2 Whether rectification is available as a defence

Ratio Decidendi

The defendant is prima facie liable on the cheque as there is nothing on the face of the cheque to indicate it was signed on behalf of a company; rectification is not established on affidavit evidence alone.

Court Disposition

Provisional sentence granted

Orders

  • Defendant held liable on the cheque for M17,766.00