CIV/T/564/84 IN THE HIGH COURT OF LESOTHO
In the matter of:
R. E. PASHLEY & CO. LIMITED
M. MOHLABI t/a PHOMOLONG SHOPPING CENTRE JUDGMENT
by the Hon. Acting Mr. Justice J. L. Kheola on the 26th day of
This is an application for Summary Judgment made in
terms of Rule 28 (1) (b) of the High Court Rules 1980. On the 2nd
the plaintiff issued a summons against the defendant
claiming the sum of R3,873.86 in respect of the purchase price of
and delivered by plaintiff to the defendant at the
latter's special instance and request in or during March, 1984 to
date, and which
amount is now due and payable.
It is not clear when the summons was served upon the
defendant but on the 8th November, 1984 a notice of appearance to
filed with the Registrar and also served on the plaintiff
on the same day.
On the 9th November, 1984 Notice of Application for
Summary Judgment was filed with the Registrar stating that
application would be
made to this Court in terras of Rule 28(2) on
the 19th day of November, 1984 at 9.30 a.m.
Mr. Hlaoli, Counsel for the Respondent, has
that the application was set down before the expiry of
seven days prescribed by the Rules. Rule 28 provides that 'the
notice of application
shall state that the application will be set
down for hearing on a specified date which shall not be less than
seven days from the
date of delivery of the notice'.
In the computation of days we refer to Rule 1 (1) which
""days" shall mean court days except that
computation of time expressed in days prescribed
bythese rules and fixed by any order of court, Saturdaysshall
be included except those Saturdays which arepublic holidays.
Provided that when the last day ofthe number of days prescribed
in a non court day orSaturday the time shall end on the next
court dayfollowing, "
We shall again have to refer to the Interpretation Act
1977 to find out if we have to include the 9th November when we
seven days prescribed by the Rule. Section 49(1) (a)
In computing time for the purposes of an Act -
(a) A period of days from the happening of any event or
the doing of any act or thing shall be deemed to be exclusive of the
on which the event happens or the act or thing is done."
It is clear that the 9th November, 1984 when the Notice
of Application for Summary Judgment was served on the Respondent
excluded. From the 10th November the seventh day falls on
the 17th November 1984 which was a Saturday.
/The last ...
The last day is the following Court day, the 19th
November, 1984. The set down was therefore irregular in that it was
made less than
seven days from the date of the delivery of the notice
for Summary Judgment.
The application is dismissed with costs.
For the Plaintiff : Mr. Buys For the Defendant : Mr.
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