Soldier loses P14 000 to a side chick
Major Tabona Phaladze of the Botswana Defence Force from Thebephatshwa Airbase has lost P14 000 to a side chick who wouldn’t pay back a loan.
A married man, Phaladze, 36, is said to have met his yellow bone lover Magdalene Mothusi, 33, in Mogoditshane sometime in June 2017 and requested for her number.
He later on gave Mothusi a loan of P14 000.00 with an agreement that the money would be paid back at a 20% interest rate.
When Mothusi failed to pay back, Phaladze reported the case, which was recently heard at the Molepolole Magistrate Courts by Senior Magistrate Lindiwe Makgoro who ruled in favour of Mothusi after she convincingly argued that the P14 000 was not a loan but a gift from her secret lover.
Explaining her ruling, the magistrate argued that for a contact to be legally binding there should be execution elements of offer and acceptance, intention to create legal relation, the capacity of the parties to contact consideration followed by consent that is genuine and legality of an object which conclude with responsibilities.
“ Offer and acceptance are often acknowledged as one of the two supposed parties to a contract must have offered to enter into a contract on certain terms and conditions and the second party must have willingly accepted the proposal thereof to make the rules of the offer and acceptance legally viable,” Makgoro said as she delivered ruling.
Phaladze who did not have evidence to prove that it was a loan and not a gift, acknowledged some of the averments by Mothusi.
He admitted to have had secret meetings with her and constant communication to an extant of exchanging nude pictures through Whatsaap.
The court considered that there was an offer which was accepted by the defendant without terms and conditions categorically stated and also that the intention to form legal relation never existed.
“This was a man who saw a girl and developed an interest in her. He presented before court a half baked story not revealing out the circumstances surrounding this matter,” stated the magistrate.
She concluded by saying “It is my opinion that if at all a contract was entered into, the terms and conditions were vague and ambiguous so that no court properly directed could embrace it. The applicant succeeds; the plaintiff claim is hereby dismissed.”
Looking stressed Phaladze remained seated for a while in shock as the magistrate advised him to always do things legally especially when dealing with issues of money.