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Commercial Division - 2021 December

3 judgments
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3 judgments
Citation
Judgment date
December 2021
First National Bank of Lesotho Ltd v Ncheke (CCT/0325/2021) [2021] LSHC 25 (15 December 2021)
SUMMARY CIVIL PRACTICE: Application for summary judgment- whether it is permissible for the applicant to lodge same after the respondent had filed the plea- Held, it is permissible to do so, - Respondent failing to show that she has a bona fide defence, summary judgment granted with costs.
15 December 2021
Ramathebane v Nedbank Lesotho Limited (CCT/0421/2017) [2021] LSHC 22 (10 December 2021)
Summary Rescission of summary judgment- Rule 45(1)(a) -Judgment granted in the absence of the applicant in circumstances where the applicant had not filed affidavit to resist summary judgment application - Order not erroneously sought or granted.
10 December 2021
Litjotjela Mall (Pty) Ltd v Litjotjela Mall (Pty) Ltd (CCA/0102/2021) [2021] LSHC 23 (8 December 2021)
Summary Company law – a company is a separate legal person from its shareholders – property vested in a company cannot be regarded as vested in shareholders – shareholders do not have a right to company’s bank accounts and buildings – such right is deferred until winding up and is subject to claim by other creditors – interim interdict to freeze the accounts of a company at the instance of shareholders refused.
8 December 2021