Actions and applications

Mokaeane V P.S Ministry of Foreign Affairs and International Relations (CIV/APN/462/2020) [2021]LSHC 73 (04 March 2021);

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IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                        CIV/APN/462/2020

In the matter between:

RETHABILE MAHLOMPHO MOKAEANE                   APPLICANT                                            

AND

P.S MINISTRY OF FOREIGN AFFAIRS AND

INTERNATIONAL RELATIONS                        1ST RESPONDENT

MINISTRY OF FOREIGN AFFAIRS AND

P.S Ministry of Labour and Employment Makhoabane Ledimo V Russel (CIV/APN/208/2019) [2021]LSHC 69 (15 April 2021);

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Search Summary: 

SUMMARY

Application for rescission – The Respondent having been dismissed from work by the 1st Applicant – The 1st Applicant having been the Principal Secretary of the 3rd Applicant – The 4th Applicant having been the lawful representative of the Applicants – The Respondent having instituted an application for review against her dismissal on the ground of having been irregularly conducted – The Applicants having not answered the application but proposed a settlement – The Applicants having not appeared before Court on the date scheduled for submission of the deed of settlement – The proposed deed of settlement not having brought before Court – The time for filing answering affidavit having been elapsed – The Court having granted the application as prayed for in the Notice of Motion – The Applicants having consequently instituted the present application for rescission through a counsel working for the 3rd Applicant. 

Held:

  1. The counsel for the Applicants have no authority to represent them since his letter of appointment refers to a different case from the one before Court;
  2. The Applicants failed to establish the elements for the application for rescission;
  3. The application for rescission is dismissed with costs at an attorney and client scale. 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                            CIV/APN/208/2019

In the matter between:

P.S MINISTRY OF LABOUR & EMPLOYMENT         1ST APPLICANT

MAKHOABANE LEDIMO – N.O.

(CHAIRPERSON OF HEARING)                              2ND APPLICANT

MINISTRY OF LABOUR & EMPLOYMENT               3RD APPLICANT

Rex V Kamoli (CRI/T/0002/2018) [2021]LSHC 66 (19 May 2021);

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IN THE HIGH COURT OF LESOTHO

 

HELD IN MASERU                                                     CRI/T/0002/2018

 

In the matter between:

 

REX                                                                              APPLICANT                                                                         

Vs

 

TLALI KAMOLI                                                          1ST RESPONDENT

 

Mofolo V Director of Public Prosecution (CRI/T/0010/2018) [2021]LSHC 65 (23 April 2021);

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IN THE HIGH COURT OF LESOTHO

 

HELD IN MASERU                                                     CRI/T/0010/2018

 

In the matter between:

 

MOTHIBELI MOFOLO                                                 1ST APPLICANT

MABITLE MATONA                                                    2ND APPLICANT

HALEOKOE TAASOANA                                            3RD APPLICANT

                                                                                               

Vs

 

Morrison v Salvation For All Churches (CCT/0259/2019) [2021]LSHC 62 (09 November 2021);

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SUMMARY:

 

Judgments and orders – Rescission – Court granting default judgment in disregard for appearance to defend and exception which were entered out of time – High Court Rule 45(1) – Whether an order erroneously granted.

 

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO- COMMERCIAL COURT DIVISION

 

HELD AT MASERU                                                    CCT/0259/2019

 

In the matter between: -

 

MAMELLO MORRISON                  1ST APPLICANT/1ST DEFENDANT

 

MORRISON FAMILY PRODUCTS

t/a SEQHAQHABOLA PRODUCTS  2ND APPLICANT/2ND DEFENDANT                                

And

 

Potso V Mohapi (CIV/T/660/2016) [2021]LSHC 57 (04 June 2021);

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Summary

Exception - on grounds that summons and declaration disclose no cause of action for a claim based on emotional shock - emotional shock defined -plaintiff pleading that he was brutally assaulted and set alight - the averments disclosing a cause of action - exception dismissed.

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                      CIV/T/ 660/2016

 

In the matter between

 

MOHAPI POTSO                                        PLAINTIFF

 

AND

 

LIPHAPANG MOHAPI                                 1ST DEFENDANT

KHOSI LESOLE                                          2ND DEFENDANT

 

RULING ON EXCEPTION

 

Masienyane V Maluti Mountain Brewery (CIV/T/594/2013) [2021]LSHC 47 (15 February 2021);

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SUMMARY

Civil procedure – application to set aside an irregular step or proceedings – service of notice to amend summons – defendant failing to object before expiry of 14 days – whether computation of the period for objection includes weekends – High Court Rules 1, 4(4), 30 and 33.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

CIV/T/594/2013

 

In the matter between:

 

 

LEHLOHONOLO MASIENYANE                                 1ST APPLICANT

 

‘MAKABELO MASIENYANE                                        2ND APPLICANT

                                     

 And

 

MALOTI MOUNTAIN BREWERY                                1ST DEFENDANT

Chaka V First National Bank (CCT/0420/2019) [2021]LSHC 45 (25 February 2021);

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Search Summary: 

SUMMARY

Rescission application – summons served at chosen docilium citandi – applicant alleging that service unreasonably made it difficult to get service or be aware of it – applicant being aware of judgment when served with a writ of execution and notice of sale of property – rescission sought on basis of Rule 45 (a) – whether service proper – whether Rule 45 (a) or Rule 27 (6) controlling – High Court Rules 1980, rules 4, 8, 19, 27 (6), 45 (a) and 47 (3).

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

(COMMERCIAL DIVISION)

 

Held at Maseru

CCT/0420/2019

 

In the matter between:

 

 

MAHASE ARMSTRONG CHAKA                                          APPLICANT

                            

 And

 

FIRST NATIONAL BANK OF LESOTHO                     1ST RESPONDENT

 

Mabuse V Officer Responsible for Mafeteng Criminal Investigation Division (CIV/APN/147/2019) [2021]LSHC 34 (25 March 2021);

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                                                     SUMMARY

 

CIVIL PRACTICE: Application for determination of costs after matter disposed of- Whether the court functus officio- Held, the court is not functus officio based on the exceptions to the functus officio rule, and costs awarded accordingly.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                                    CIV/APN/147/2019

 

In the matter between:

 

‘MAKHAUHELO MABUSE                                       APPLICANT

 

AND

 

OFFICER RESPONSIBLE FOR MAFETENG

CRIMINAL INVESIGATION DIVISION                   1st RESPONDENT

 

POLICE DISTRIT COMMISSIONER

Tumore Civils & Building Construction ( Pty) Ltd v Majara (LC/APN/186/18) [2019] LSHC 45 (19 September 2019);

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IN THE LAND COURT OF LESOTHO

 

HELD AT MASERU                                      LC/APN/16/2018

 

In the matter between

 

TUMORE CIVILS & BUILDING

CONSTRUCTION (PTY) LTD                                APPLICANT                                              

 

AND

 

MASUPHA MAJARA                                            1ST RESPONDENT