Monele v Mpakathe (CIV/T 496 of 17) [2019] LSHC 42 (2 September 2019)

Monele v Mpakathe (CIV/T 496 of 17) [2019] LSHC 42 (2 September 2019)

Plaintiff established on a balance of probabilities that he was assaulted by the defendant and suffered injuries, pain, and humiliation, but failed to provide sufficient evidence to justify the quantum claimed under all heads. The court exercised its discretion to award damages based on comparable cases and the limited evidence provided.

Citation
[2019] LSHC 42
Parties
Plaintiff: Thaba Monele; Defendant: Keisara Mpakathe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
2 September 2019
Case Number
CIV/T 496 of 17
Procedural Posture
Civil (tort/delict) / Judgment After Unopposed Hearing (default Judgment)
Outcome
Plaintiff awarded damages for pain and suffering, contumelia, and hospital expenses; claim for disfigurement dismissed.
Legal Topics
Assessment of Damages, Assault, Pain and Suffering, Contumelia, Disfigurement, Medical Expenses
Source Language
English
Tort Law Delict Personal Injury Assessment of Damages Assault Pain and Suffering Contumelia Disfigurement +1 more

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Parties

Thaba Monele

Plaintiff

Keisara Mpakathe

Defendant

Procedural Posture

Civil (tort/delict) / Judgment After Unopposed Hearing (default Judgment)

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for assault by the defendant
  2. 2 Quantum of damages for pain and suffering, contumelia, disfigurement, and medical expenses

Ratio Decidendi

Plaintiff established on a balance of probabilities that he was assaulted by the defendant and suffered injuries, pain, and humiliation, but failed to provide sufficient evidence to justify the quantum claimed under all heads. The court exercised its discretion to award damages based on comparable cases and the limited evidence provided.

Court Disposition

Plaintiff awarded damages for pain and suffering, contumelia, and hospital expenses; claim for disfigurement dismissed.

Orders

  • Defendant to pay M25,000 in general damages (M22,000 for pain and suffering, M3,000 for contumelia)
  • Defendant to pay M250 for hospital expenses