Mojaki v Molahli (CIV/T 547 of 94) [1995] LSCA 183 (22 November 1995)

Mojaki v Molahli (CIV/T 547 of 94) [1995] LSCA 183 (22 November 1995)

Only special damages that are financial expenses and properly proved can be awarded; claims for ten head of cattle are not allowable without proper jurisdiction or particularity.

Source-derived case information.

Citation
[1995] LSCA 183
Parties
Plaintiff: Thulo Mojaki; Defendant: Mohlomi Molahli
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
22 November 1995
Case Number
CIV/T 547 of 94
Procedural Posture
Civil / Judgment After Default; Damages Assessment
Outcome
Judgment for the plaintiff in a reduced sum with costs.
Legal Topics
Damages for Wrongful Death, Special Damages, Default Judgment
Source Language
english
Tort Law Damages for Wrongful Death Special Damages Default Judgment

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Parties

Thulo Mojaki

Plaintiff

Mohlomi Molahli

Defendant

Procedural Posture

Civil / Judgment After Default; Damages Assessment

Legal Issues

  1. 1 Whether the plaintiff is entitled to damages for the death of the deceased
  2. 2 Whether special damages claimed were proved
  3. 3 Whether claim for ten head of cattle is allowable

Ratio Decidendi

Only special damages that are financial expenses and properly proved can be awarded; claims for ten head of cattle are not allowable without proper jurisdiction or particularity.

Court Disposition

Judgment for the plaintiff in a reduced sum with costs.

Orders

  • Plaintiff awarded M5682.42 as special damages
  • Costs of suit on the ordinary scale awarded to plaintiff