Qhomoko v Kahlolo (CIV/T 298 of 7) [2011] LSHC 148 (8 December 2011)

Qhomoko v Kahlolo (CIV/T 298 of 7) [2011] LSHC 148 (8 December 2011)

The exception is dismissed because the grounds raised are technical and do not go to the root of the plaintiff’s claim, which is for repayment of money not disputed by the defendant. The pleading, as amplified by further particulars, establishes a sufficient case for the claim.

Citation
[2011] LSHC 148
Parties
Plaintiff: Tseliso Qhomoko; Defendant: Teboho Kahlolo
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 December 2011
Case Number
CIV/T 298 of 7
Procedural Posture
Civil / Ruling on Exception
Outcome
exception dismissed
Legal Topics
Exception to Declaration, Cause of Action, Pleading Requirements, Restitution, Sale of Goods
Source Language
English
Civil Procedure Contract Law Exception to Declaration Cause of Action Pleading Requirements Restitution Sale of Goods

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Tseliso Qhomoko

Plaintiff

Teboho Kahlolo

Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether the plaintiff’s summons and declaration disclose a cause of action and are thus exceptionable
  2. 2 Whether the exception raised by the defendant is substantial and goes to the root of the case or is merely technical

Ratio Decidendi

The exception is dismissed because the grounds raised are technical and do not go to the root of the plaintiff’s claim, which is for repayment of money not disputed by the defendant. The pleading, as amplified by further particulars, establishes a sufficient case for the claim.

Court Disposition

exception dismissed

Orders

  • Costs will be in the cause