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High Court - 2021 November

8 judgments
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8 judgments
Citation
Judgment date
November 2021
Selemela Construction (Pty) Ltd v Road Fund & Others (CCA/0084/2021) [2021] LSHC 21 (26 November 2021)
SUMMARY: Interdict pendente lite – financial considerations alone not enough to justify urgency – Applicant still required to state why it could not be afforded a substantial relief in a hearing in due course – requirements for temporary interdict need to be demonstrated and assessed in conjunction with one another
26 November 2021
Monethi v Motsetsela (CCT/161/2013) [2021] LSHC 20 (17 November 2021)
SUMMARY: Contract – Payment for work done and building material – Plaintiff’s claim prescribed – Plaintiff in replication alleging that prescription interrupted by demands - Onus on the Plaintiff to prove allegations in replication – The date the cause of action prescribed is pleaded and not issuably denied – judicial admission of fact is conclusive and does not require evidence.
17 November 2021
Ramotsoari v Ramotsoari (CIV/T 492 of 2009) [2021] LSHC 63 (17 November 2021)
17 November 2021
Moalosi v Medical Superitendent Machabeng Hospital (CIV/T/810/2019) [2021] LSHC 26 (11 November 2021)
SUMMARY Civil Practice and Procedure: The Plaintiff applying to have the defendant’s plea filed more than a year late, without applying for upliftment of the bar, to be set aside as an irregular step- Held, the such a late filing of plea constitutes an irregular step and is accordingly set aside.
11 November 2021
Morrison v Salvation for All Churches (CCT/0259/2019) [2021] LSHC 19 (9 November 2021)
SUMMARY: Judgments and orders – Rescission – Court granting default judgment in disregard for appearance to defend and exception which were entered out of time – High Court Rule 45(1) – Whether an order erroneously granted.
9 November 2021
Morrison v Salvation For All Churches (CCT/ 259 of 2019) [2021] LSHC 62 (9 November 2021)
9 November 2021
Standard Lesotho Bank Limited v Kopano Holdings (Pty) Ltd (CCT/0039/2017) [2021] LSHC 18 (8 November 2021)
SUMMARY: Costs – Attorney and client costs – Agreement by party to pay attorney and client costs – Plaintiff entitled to make such a claim – Onus on defendant to raise grounds and circumstances in support of an objection to making an order in terms of the agreement - Principles discussed.
8 November 2021
Standard Lesotho Bank Limited v Kopano Holdings (PTY) Ltd (CCT/ 39 of 2017) [2021] LSHC 61 (8 November 2021)
8 November 2021