Civil Procedure

Standard Lesotho Bank Limited V Mateka t/a Motlejoa Guest House (CCT/0115/2020) [2022] LSHC 111 (18 August 2022);

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SUMMARY:

Application for Summary Judgment – Defendant moving the Court to ignore particulars of claim attached to the summons in considering the application – The propriety of Applicant’s reliance on evidential documents attached to the summons considered – Application for summary judgment granted. 

 

 

 

 

 

 

 

IN THE HIGH COURT OF ESOTHO

(Commercial Court Division

 

 

 

HELD AT MASERU                                                    CCT/0115/2020

 

 

In the matter between:

 

 

STANDARD LESOTHO BANK LIMITED                 APPLICANT

 

 

And

 

 

MAMATELA AMOHETSE MATEKA t/a

Motsamai V Qhelane (CIV/T/120/2019) [2022]LSHC 80 (22 March 2022);

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Application in terms of Rule 30 - to set aside a plea filed out of time as irregular proceeding - whether the irregularity may be condoned where the rules are clear that where a party is barred from filing a pleading, he must move to have the bar lifted - consequences of failure to do so.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                      CIV/T/120/2019                     

In the matter between

 

TSELISO MOTSAMAI                                                    PLAINTIFF

 

AND

 

LEBATSANG QHELANE                                                  DEFENDANT

 

JUDGEMENT

Mokokoane V Deputy Sheriff -'Mika (CCT/0033/2019) [2022]LSHC 79 (21 March 2022);

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Civil procedure-notice to file further affidavits in terms of Rule 8(12 )- notice served with the founding affidavit in terms of which rescission and other relief sought - whether this rule may be utilized by an applicant who prematurely files an application before a cause of complaint arises- as a result founding affidavit lacking facts to support the reliefs sought - whether this rule could be invoked to make good counsel’s remissness in handling a matter - the purpose of the Rule restated - application insupportable on the facts of the matter - application procedurally defective and misconceived.

 

 

 

IN THE HIGH COURT OF LESOTHO

COMMERCIAL DIVISION

 

HELD AT MASERU                                      CCT/0033/2019                       

In the matter between

 

REITUMETSE MOKOKOANE                                APPLICANT

 

AND

 

DEPUTY SHERIFF – ‘MIKA                                  1ST RESPONDENT

Tshabalala V The Commissioner of Police (CIV/APN/13/2022) [2022]LSHC 74 (10 May 2022);

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Civil Procedure – Review application – Applicant having been interdicted – Asks Court to review, set aside and declare the interdict as being unreasonable, irrational and unlawful – Exercise of a public official’s administrative powers to be carried out in terms of the law – Applicant seeking an order that he be reinstated to his position in the Lesotho Mounted Police Service, at the RCTS, still retaining his benefits.  First respondent making a new case in the answering affidavit – applicant being denied an opportunity to make representations on the new case.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU

                                                                                                            CIV/APN/13/2022

                                                           

In the matter between:-                                                                      

 

MOLEFI TSHABALALA                                                               APPLICANT

 

Maseru Entertainment Company V Titan Lens Photography (CCT/02410/2022) [2022]LSHC 72 (28 July 2022);

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IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

 

 

HELD AT MASERU                                                               CCT/0241/22

 

In the matter between –

 

MASERU ENTERTAINMENT COMPANY                 APPLICANT

 

And

 

TITAN LENS PHOTOGRAPHY                                    RESPONDENT

 

 

Ntseliseng Motloli t/a Motloli Catering v Pontso Ntseuoa and Others In Re: Ntseliseng Motloli v LSP/WBHO Joint Venture (CCA/0025/2020) [2022]LSHC 68 (18 August 2022);

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CIVIL PRACTICE AND PROCEDURE: Application for leave to appeal a dismissed application- whether tenable- A dismissed application incapable of being stayed- Application for leave dismissed with costs.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

COMMERCIAL DIVISION

 

HELD AT MASERU                                                    CCA/0025/2020

 

In the matter between:

 

NTṦELISENG MOTLOLI t/a MOTLOLI CATERING       APPLICANT

 

AND

 

PONTSO NTSEUOA                                                        1ST RESPONDENT

Platinum Credit Ltd V Platcorp Holdings Limited (CCA/0057/2022) [2022]LSHC 67 (25 August 2022);

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CIVIL PRACTICE AND PROCEDURE: Abuse of urgency procedure- Application dismissed with punitive costs for abuse of urgency procedure- Law of property- counter application for a spoliatory relief in relation to incorporeal property- principles considered and applied.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                                              CCA/0057/2022

 

In the matter between

 

PLATINUM CREDIT LTD                                                   APPLICANT

 

AND

 

PLATCORP HOLDINGS LIMITED                                    RESPONDENT

 

 

Bonang Seisa T/A Bafokeng General Café V First National Bank Lesotho (CCT/0381/2020) [2022]LSHC 66 (25 August 2022);

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CIVIL PRACTICE AND PROCEDURE: Abuse of urgency procedure- application dismissed on that basis alone- requirements of application for rescission lodged in terms of Rule 27 of the High Court Rule.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                                    CCT/0381/2020

                                                         

In the matter between:

 

BONANG SEISA T/A BAFOKENG

GENERAL CAFÉ                                                         APPLICANT

 

         

 

Principal Secretary: Ministry of Agriculture and Food Security v Safeguard Security Cash Management (CCA/0017/2022) [2022]LSHC 47 (12 May 2022);

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CIVIL PRACTICE: Arbitration- application for stay of proceedings pending arbitration in terms of Arbitration Act of 1980- The applicant having raised court’s lack of jurisdiction as a preliminary point- whether such constituted the taking of a further step in terms of section 7 of the Arbitration Act- Held, such a move does not amount to taking a step in the proceedings so as to deny the applicant an opportunity to apply for a stay of proceedings pending arbitration- Consequently, arbitrable issues referred to arbitration and the question of the review of the decision to award the work to the 3rd respondent in the main application, left aside to be tried before the court.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

COMMERCIAL DIVISION

 

HELD AT MASERU                                                    CCA/0017/2022

 

In the matter between:

 

PRINCIPAL SECRETARY MINISTRY OF           

AGRICULTURE AND FOOD SECURITY                

MINISTER OF AGRICULTURE AND FOOD

Ranthako V Ranthako (CIV/APN/291/2020) [2022]LSHC 45 (20 June 2022);

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IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                CIV/APN/291/2020

In the matter between:

RAMASELI RANTHAKO                                                  APPLICANT

and

SELLOANE RANTHAKO                                                  1st RESPONDENT

EMISANG RANTHAKO                                                       2nd RESPONDENT

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