CIV/T/536/06

IN THE
HIGH COURT OF LESOTHO

In the
Matter Between:-

'MABASIA
MOLOANTOA APPLICANT/DEFENDANT

AND

MONKATHEBE
MOLOANTOA RESPONDENT/PLAINTIFF

JUDGMENT

Delivered
by the Honourable Madam Justice N. Majara on the 18th September 2007

This is
an opposed application for removal of the time bar to file plea.
Facts that gave birth to this application are that on the
11th
October 2006 respondent issued a summons for divorce against
applicant and the latter filed and served plaintiff with a notice
of
appearance to defend. Defendant was subsequently served with a notice
to file his plea on the 1st November 2006 but did not
file it. She
became time barred in terms of the Rules of Court.

On the
13th February, 2007 respondent served applicant with a notice of set
down for the 21st February and the applicant's Counsel
filed an
application for removal of the time bar. Respondent opposed the
application and raised

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a point
of law to the effect that applicant had not filed any affidavit in
support of the prayers that she is seeking and that the
affidavit
filed by her counsel is improper as she could only file a supporting
affidavit. Respondent added that applicant had failed
to give an
explanation why she could not personally make an affidavit.

On the
date of hearing of the application, there was no appearance on behalf
of the applicant either in person or through her attorneys
of record.
There being no explanation and or excuse offered for the
non-appearance, I proceeded to hear the submissions by Ms Mphaololi

Counsel for respondent.

Against
this backdrop, I formed the opinion that applicant herein is engaging
this Court in a game of delaying tactics which I will
not condone. As
a result I do not think that I should even spend time getting into
the points of law and or merits in casu as in
my opinion it would not
serve any purpose.

It is for
the reasons that I dismiss the application for the removal of time
bar for want of prosecution and costs are accordingly
awarded to
respondent.

N.MAJARA

JUDGE

For
respondent : Ms Mphaololi

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