Lesotho National Group Insurance v Matlosa and An other (CIV/T/358/91)

Case No: 
CIV/T/358/91
Media Neutral Citation: 
[2000] LSHC 112
Judgment Date: 
24 November, 2000

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CIV/T/358/91

IN THE HIGH COURT OF LESOTHO
In the matter of:

LESOTHO NATION GROUP INSURANCE Plaintiff

vs

MRS MERIAM MATLOSA 1st Defendant

MR HLOMPHO RAMOTHAMO 2nd Defendant

JUDGMENT

Delivered by Hon, Mr Justice M.L. Lehohla on the 24th day of November

2000

The first defendant prepared transfer of ownership forms on the 23rd of October 1986, the accident occurred on the 7th of March, 1987 and ratification by the second defendant, through defendant's wife, who in this respect would be taken to have been acting as agent of the second defendant in view of the fact that the agreement to sell the vehicle was between the first and second defendants, and this is not denied. Then the ratification was on the 13th of November, 1987 giving effect to what occurred on

2 the 23rd of October, 1986 and in this event it would appear in my view that when the accident occurred on the 7th of March 1987 change of ownership had effectively been made prior to this date.

On this basis therefore I find that the second defendant is liable to the plaintiff for the sums set out in the summons and as prayed.

JUDGE

24th November, 2000

For Plaintiff : Mr Grundlingh For Defendant: Mr Nathane