SUMMARY
Practice – Appeal - Rule 52 of the High Court Rules 1980 – The appeal should have been set down within four weeks - appeal is dismissed with costs.
IN THE COURT OF APPEAL OF LESOTHO
HELD AT MASERU C OF A (CIV) 42/2021 CIV A/43/2018 CIV T/LRB/56/2018
SUMMARY
CIVIL PRACTICE: Application for summary judgment- whether it is permissible for the applicant to lodge same after the respondent had filed the plea- Held, it is permissible to do so, - Respondent failing to show that she has a bona fide defence, summary judgment granted with costs.
IN THE HIGH COURT OF LESOTHO
(COMMERICIAL DIVISION)
HELD AT MASERU CCT/0325/2021
In the matter between: -
FIRST NATIONAL BANK OF LESOTHO LTD PLAINTIFF
AND
‘MATHATO NCHEKA DEFENDANT
SUMMARY:
Costs – Attorney and client costs – Agreement by party to pay attorney and client costs – Plaintiff entitled to make such a claim – Onus on defendant to raise grounds and circumstances in support of an objection to making an order in terms of the agreement - Principles discussed.
IN THE HIGH COURT OF LESOTHO- COMMERCIAL COURT DIVISION
HELD AT MASERU CCT/0039/2017
In the matter between:
STANDARD LESOTHO BANK LIMITED PLAINTIFF
And
KOPANO HOLDINGS (PTY) LTD DEFENDANT
Summary
Special plea – prescription – prescriptive period under section 6 of the Government Proceedings and Contracts Act of 1965 – Interruption by mental disorder - whether the prescriptive period under this legislation is subject to the provisions of prescription Act of 1861. If yes, whether the evidence satisfactorily establishes that at the material time, the deceased’s disorder rendered him incapable of managing his own affairs or validly concluding contracts.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/T/218/2010
In the matter between
MASEFABATHO LEBONA PLAINTIFF
AND
MINISTRY OF COMMUNICATIONS 1ST DEFENDANT
MINISTRY OF LOCAL GOVERNMENT 2ND DEFENDANT
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/APN/272/20
In the matter between:
MOTHABATHE HLALELE Applicant
And
THE HONOURABLE PRIME MINISTER OF
LESOTHO DR. MOEKETSI MAJORO 1st Respondent
CIVIL PRACTICE-Applicant instituting an application for rescission on the basis of Rule 45 (1) (a), that the order of division of joint estate was erroneously sought and granted in his absence- Applicable principles restated and application dismissed with costs.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/T/308/16
In the Matter Between:-
‘MARETHABILE TLALAJOE PLAINTIFF
AND
TEBOHO TLALAJOE DEFENDENT
Civil Practice- Applicant seeking costs despite the application being moot- application dismissed on account that costs order is consequential to determination of the merits, and therefore, in the absence of that, costs cannot be granted.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/APN/49/18
In the Matter Between:-
MOJELA SHALE APPLICANT
AND
THE JUDICIAL SERVICE COMMISSION 1ST RESPONDENT
CASE SUMMARY: Civil Practice: Exception that the pleadings are vague and embarrassing – Principles pertaining thereto re-stated – exception dismissed with costs.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/T/558/2018
In the Matter between:-
SELAE MPHUTLANE LEQELE PLAINTIFF
AND
STORM MOUNTAIN DIAMONDS (PTY) LTD DEFENDANT
___________________________________________________________________
Civil Procedure- Abuse of ex parte and urgency procedure- Propriety of applicant’s counsel certifying urgency considered
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/APN/77/19
In the Matter Between:-
MOSITO RAMAHLOKO APPLICANT
AND
THE LEARNED MAGISTRATE 1ST RESPONDENT
MR. KOLOBE
Civil Practice- Authority to represent a juristic person- Applicable principles- Principles of review restated
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/APN/412/19
In the Matter Between:-
ALL BASOTHO CONVETION APPLICANT
AND
PRINCIPAL SECRETARY – MINISTRY OF LAW 1ST RESPONDENT
CONSTITUTIONAL AFFAIRS AND HUMAN RIGHTS
