CIV/T/319/80

IN THE
HIGH COURT OF LESOTHO

In the
matter between :

STEPHEN
KEFUOE MAKHOHLO Plaintiff

v

RAZAK
DAMBHA Defendant

JUDGMENT

AS TO
COSTS

Delivered
by the Hon. Acting Judge, Mr. J. Unterhalter on the 3rd December,
1982.

On the
3rd December 1982 Mr. Kolisang for the Plaintiff requested an
amendment to the prayer to include a claim for costs of suit
and
alternative relief. Mr. Moiloa for the Defendant did not oppose this
and the amendment was granted.

The
application for the amendment became necessary because there had not
been a claim for costs when the particulars of claim were
originally
drawn. By reason of this fact the following order was made ;

The costs
of the action are to be paid by the Defendant save the costs of
appearance in Court on 3rd December 1982 when an amendment
was
granted to permit of the prayer being altered to claim costs of suit
and alternative relief. In respect of the latter costs
the Plaintiff
is ordered to pay them but the attorney for the Plaintiff must repay
the Plaintiff de bonis propriis, and costs in
respect of this
amendment as between attorney and client are disallowed. The
Plaintiff is declared a necessary witness.

By
consent leave to stay execution is granted but this order is not to
be uplifted until notice of appeal is filed with the Registrar.
The
Defendant is to provide such security for costs as the registrar may
determine.

J.
UNTERHALTER.

ACTING
JUDGE

For the
Plaintiff : Mr. G.M. Kolisang

For the
Defendant : Mr. T. Moiloa.