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Court dismisses loan claim for lack of evidence

The Matala Local Court has dismissed a claim by a woman seeking to recover an alleged outstanding loan balance of M900, citing insufficient evidence.

Maatlehang Mohapi, 32, of Ha-Leqele, told the court this week that Moeketsi Motaba, also 32 and from Ha-Leqele, had failed to repay the full amount of a M1,400 loan she had extended to him.

Mohapi alleged that Motaba had repaid only M500 through Mpesa, leaving an outstanding balance of M900. She said she had waited patiently for repayment but eventually decided to seek the court’s intervention after Motaba allegedly refused to settle the remaining amount.

In his defence, Motaba denied owing Mohapi M1,400, arguing that the amount he borrowed was M1,000 and that he had already repaid it in full.

He acknowledged making the initial M500 payment via Mpesa but said the remaining M500 was paid at a police station after Mohapi reported him for allegedly failing to repay the loan.

According to Motaba, police officers instructed him to hand over the money to them, after which Mohapi would be notified to collect it.

Delivering judgment, Court President Malepene Ntlobo noted that Mohapi had failed to disclose that she had previously reported the matter to the police, raising concerns about the completeness of her testimony.

Ntlobo further stated that Mohapi had not provided sufficient evidence to prove that she had lent Motaba M1,400.

The court also found that she had failed to demonstrate that she had taken adequate steps to resolve the dispute before bringing the matter before the court.

As a result, the court dismissed her claim.

With no evidence establishing liability beyond the amount Motaba said he had already repaid, the court ruled in his favour and released him without any further obligation.

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