Maketsi v Compol and Another (CIV/APN 550 of 11) [2013] LSHC 84 (28 February 2013)

Maketsi v Compol and Another (CIV/APN 550 of 11) [2013] LSHC 84 (28 February 2013)

The police failed to conduct their own investigation to establish reasonable grounds for suspicion before arresting the plaintiffs, thus the arrest and subsequent detention were unlawful. The police further violated the plaintiffs' constitutional rights by denying them the opportunity to inform their relatives of their detention. The plaintiffs did not prove kidnapping. Damages for unlawful detention are awarded, but not for kidnapping or unlawful arrest due to the absence of a specific prayer.

Citation
[2013] LSHC 84
Parties
Plaintiff: Thabang Maketsi; Plaintiff: Maribane Moiloa; Defendant: The COMPOL; Defendant: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
28 February 2013
Case Number
CIV/APN 550 of 11
Procedural Posture
Civil / Judgment
Outcome
plaintiffs awarded damages for unlawful detention; no damages for kidnapping or unlawful arrest; no order as to costs
Legal Topics
Unlawful Detention, Arrest Without Warrant, Damages for Unlawful Detention, Right to Inform Relatives, Police Powers, Quantum of Damages
Source Language
English
Constitutional Law Criminal Procedure Tort Law Unlawful Detention Arrest Without Warrant Damages for Unlawful Detention Right to Inform Relatives Police Powers +1 more

Case Brief

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Parties

Thabang Maketsi

Plaintiff

Maribane Moiloa

Plaintiff

The COMPOL

Defendant

Attorney General

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the plaintiffs were lawfully arrested under section 24(b) of the Criminal Procedure & Evidence Act 1981
  2. 2 Whether the plaintiffs' detention was lawful
  3. 3 Whether the police refusal to allow the plaintiffs to inform their relatives was lawful

Ratio Decidendi

The police failed to conduct their own investigation to establish reasonable grounds for suspicion before arresting the plaintiffs, thus the arrest and subsequent detention were unlawful. The police further violated the plaintiffs' constitutional rights by denying them the opportunity to inform their relatives of their detention. The plaintiffs did not prove kidnapping. Damages for unlawful detention are awarded, but not for kidnapping or unlawful arrest due to the absence of a specific prayer.

Court Disposition

plaintiffs awarded damages for unlawful detention; no damages for kidnapping or unlawful arrest; no order as to costs

Orders

  • Plaintiffs awarded M15,000.00 for unlawful detention
  • Interest at 12.5% per annum on the principal sum from date of judgment