IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                    CIV/T/285/2010

In the matter between:

‘MAMOHOLOBELA LETSIE                            PLAINTIFF

AND

THE COMMANDER -                      

LESOTHODEFENCE FORCE                    1^ST DEFENDANT

THE COMMISSIONER OF POLICE           2^ND DEFENDANT

TROOPER KHAMA                                    3^RD DEFENDANT

ATTORNEY-GENERAL                              4^TH DEFENDANT

RULING

Delivered by the Honourable Acting Judge Mr. G.N. Mofolo

On the 3^rd January, 2011

        In this case summons was issued on 12 May, 2010 and served on Defendants on 17 May, 2010 and sometime on 16 August, 2010 Plaintiff set down matter for hearing on an Uncontested Motion Roll and as the matter was not defended, Defendants having been served three (3) months before the set down judgment was obtained by default on 16 August, 2010 and on 18 August, 2010, Mr. Molokoane for Defendants entered appearance to defend.

        It will be seen that Defendants were not barred from pleading and that in any event Mr. Molokoane acted for Defendants and the court is of the view given circumstances of the case and the need to expedite proceedings, Mr. Molokoane acted properly.  Moreover, the court is of the view it is of paramount importance that where a matter is contested partied be allowed to go into trial and thrash out merits of the case this, as the only means by which substantial justice can be achieved.

        In the result point in limine taken is dismissed and judgment is rescinded it being ordered that Defendants plead within 14 days of this ruling and the Registrar of this Court set down this matter for hearing at the earliest occasion to speed up the case’s resolution.

        Costs will be costs in the trial.

G.N. MOFOLO

PUISNE JUDGE

For the Plaintiff                :       Ms Kao

For the Defendants  :       Mr. Molokoane