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A soldier loses 14,000 pesos a year
Major Tabona Phaladze of the Botswana Defense Force at Thebephatshwa Air Base lost 14,000 Pakistani pesos to a side chick who would not repay a loan.
A 36-year-old married man, 36-year-old Phaladze, reportedly met 33-year-old Magdalene Mothusi, his lover of yellow bones, in Mogoditshane in June 2017 and asked for his number.
He later gave Mothusi a loan of 14,000 silver pesos, with the agreement that the money would be repaid at a rate of 20%.
Phaladze recently reported the case, which was recently heard in Molepolole courts by senior magistrate Lindiwe Makgoro, who ruled in favor of Mothusi after convincingly baderting that the P14 000 n & # 39; He was not a loan, but a gift from his secret. lover.
Explaining his decision, the magistrate argued that for a contact to be legally binding, there must be elements of execution, namely offer and acceptance, intention to create a legal relationship, ability of the parties to contact, followed by authentic consent and legality of an object. which end with responsibilities.
"The offer and acceptance are often recognized as one of the two supposed parts of a contract must have offered to conclude a contract under certain terms and conditions and the second party must have graciously accepted his proposal to make the rules of acceptable offer and acceptance. legally viable, "said Makgoro as she made her decision.
Phaladze, who had no proof to prove that it was a loan and not a gift, acknowledged some of Mothusi's claims.
He admitted to having secret meetings with her and constant communication with a man who was exchanging bad pictures by Whatsaap.
The court found that there was an offer accepted by the defendant without formal conditions and conditions stated categorically and that the intention to enter into a legal relationship had never existed.
"It was a man who saw a girl and developed an interest in her. He presented to the court a half-cooked story not revealing the circumstances surrounding this case, "said the magistrate.
She concluded by stating: "In my opinion, if a contract was concluded, the terms and conditions were vague and ambiguous, so that no properly directed court could accept them. The applicant succeeds; the plaintiff's claim is hereby denied. "
Looking stressed, Phaladze sat for a moment in shock, the magistrate advising him to always do things legally, especially when it came to money matters .
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