IN THE HIGH COURT OF LESOTHO
In the matter between:-
MINISTRY OF GENDER, YOUTH, SPORTS AND RECREATION
(SETSOTO STADIUM BOARD) 1 PLAINTIFF
ATTORNEY GENERAL 2 PLAINTIFF
TLOKOTSI PLANT HIGH (PTY) LTD DEFENDANT
Date of Hearing : 6 October, 2011
Date of Judgment : 6 October, 2011
CORAM : MR ACTING JUSTICE J.D. LYONS
Mr. Moshoeshoe for Plaintiff
Mr. Nthontho for Defendant
LYONS J. (AGT)
The provisional sentence summons was filed on 8 June 2011. The return of service indicates it was served on that date.
The defendant failed to make any indication of opposition.
The summons concerns a dishonoured cheque.
On 5 September council for the plaintiff appeared and sought a hearing date. 6 October was the allocated date.
Notice of set-down for 6 October was served on the defendant.
Counsel for the defendant candidly informed the court that he was only instructed on 5 October. Counsel requested an indulgence by way of adjournment for his client. It was refused.
I am of the opinion that the defendant has had plenty of time to seek out legal assistance but has failed to do so. Now, at the death – knell, the defendant hastilly instructs counsel, but, so it appears, without giving any instructions on those matters that could properly defend a provisional sentence summons.
I consider that the defendant is merely trying to delay this case. It has had ample time to present a proper defence but has not done so.
I am not prepared to grant any further adjounment.
The provisional sentence summons is granted as prayed with costs to be taxed if not agreed.
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