Tumelo Machachamise V Sechaba Sello & 2 Others (CIV/T/605/2020) [2023] LSHC 203 (25 August 2023)

Tumelo Machachamise V Sechaba Sello & 2 Others (CIV/T/605/2020) [2023] LSHC 203 (25 August 2023)

There is sufficient evidence on negligence, the nexus between the truck driver and the 2nd defendant, and quantum of damages for the matter to proceed. The application for absolution from the instance is dismissed.

Citation
[2023] LSHC 203
Parties
Plaintiff: Tumelo Machachamise; 1st Defendant: Sechaba Sello; 2nd Defendant: Scalo Holdings (Pty) Ltd; 3rd Defendant: Mosa Semano
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 August 2023
Case Number
CIV/T/605/2020
Procedural Posture
Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case
Outcome
Application for absolution from the instance dismissed with costs.
Legal Topics
Negligence, Vicarious Liability, Damages, Absolution From the Instance
Source Language
English
Tort Law Civil Procedure Negligence Vicarious Liability Damages Absolution From the Instance

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Parties

Tumelo Machachamise

Plaintiff

Sechaba Sello

1st Defendant

Scalo Holdings (Pty) Ltd

2nd Defendant

Mosa Semano

3rd Defendant

Procedural Posture

Civil / Ruling on Application for Absolution From the Instance at Close of Plaintiff's Case

Legal Issues

  1. 1 Whether the plaintiff established a prima facie case of negligence against the defendants
  2. 2 Whether the plaintiff established a nexus between the truck driver and the 2nd defendant for vicarious liability
  3. 3 Whether the quantum of damages was sufficiently proved to survive absolution

Ratio Decidendi

There is sufficient evidence on negligence, the nexus between the truck driver and the 2nd defendant, and quantum of damages for the matter to proceed. The application for absolution from the instance is dismissed.

Court Disposition

Application for absolution from the instance dismissed with costs.

Orders

  • Application for absolution from the instance is dismissed with costs.