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. 

Summary

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.

Summary

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.

Summary

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.

SUMMARY

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.

SUMMARY

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.

SUMMARY

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.

SUMMARY

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.