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Lesotho decisions
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Mpho Masoka V Lesotho National General Insurance Co. Ltd (CIV/T/516/2019) [2023] LSHC 157 (23 September 2023)
High Court motor vehicle negligence case finding both drivers equally at fault and awarding the plaintiff 50% of proven damages.
Thahe V Lesotho National General Insurance Company Limited (CIV/APN/424/2020) [2023] LSHC 144 (14 September 2023)
The insured driver was solely negligent for the accident, having failed to exercise due care and skill in a built-up area with known pedestrian activity. The plaintiff did not contribute to the accident. The claim for loss of earnings failed for lack of proof, but general damages for pain, suffering, and loss of amenities of life were awarded, less the amount already received from the insured driver.
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Borotho v Sesiu (CIV/T/472/2018) [2022] LSHC 35 (17 June 2022)
The plaintiff proved the damages and entitlement to the claimed amount through documentary and oral evidence. Subrogation by the insurer did not need to be pleaded. The court granted judgment as prayed with costs.
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Majalle v Lesotho National General Insurance Co. Ltd (CIV/T 56 of 10) [2020] LSHC 54 (3 July 2020)
The High Court of Lesotho found the insured driver negligent in a fatal head-on collision and awarded funeral, medical, and loss-of-support damages.
Ntabe v Matete (CIV/T 458 of 10) [2019] LSHC 56 (14 November 2019)
The defendants, particularly the 2nd defendant, were negligent in overtaking at a T-junction where prohibited, causing the collision. Plaintiff proved damages for repairs and loss of profit with credible evidence. Defendants failed to prove contributory negligence or impeach plaintiff's claims. Quantum of damages and interest awarded as claimed, except interest rate reduced to 6%.
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Leuta v Kobe Motors (Pty) Ltd (CIV/T 412 of 18) [2019] LSHC 46 (27 September 2019)
High Court of Lesotho awarded damages after a pedestrian was injured by an employee’s negligent driving, finding the employer vicariously liable.
Lelimo v Group 4 Security Lesotho (CIV/T 157 of 10) [2018] LSHC 30 (27 August 2018)
The High Court dismissed a motor-vehicle negligence claim, holding that the plaintiff should have yielded at the T-junction and was solely responsible for the collision.
Molise Transport & Plant Hire & Another v Mokoma (CIV/T 23; C of A (CIV)) [2017] LSCA 9 (12 May 2017)
The Court of Appeal struck the appeal off the roll because the appellants failed to lodge the record timeously, seek condonation, or provide security for costs.
Lesotho National General Insurance v Lesaoana (C of A (CIV) 25 of 2016) [2016] LSCA 29 (28 October 2016)
The Court of Appeal upheld an amended claim, but reduced damages by adjusting contributory negligence to an equal apportionment between driver and pedestrian.
Nchela Motemekoane v Khopolo Kopano (C of A (CIV) 18 of 2013) [2013] LSCA 29 (18 October 2013)
The appellant was vicariously liable because the driver, although disobeying instructions, was employed as a driver and was engaged in the employer's business at the time of the accident.
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