Costs

Makeka V Africa Media Holdings (CCA/0085/2021) [2022]LSHC 03 (09 February 2022);

Flynote:

Search Summary:

Summary

Ex parte application – applicant failing to be ultra – scrupulous in obtaining interim relief and pursuing meritless application – such conduct attracting discharge of the rule nisi with punitive costs.

Tacit hypothec – principles discussed – failure to prove rentals owing – application dismissed.

Costs de bonis propriis – responsibility of Counsel towards Court vis a vis his client – Counsel mulct with costs for twisting the facts and assisting client to pursue unarguable case.

IN THE HIGH COURT OF LESOTHO

(Commercial Court Division)

HELD AT MASERU CCA/ 0085/ 2021

FELLENG ‘MAMAKEKA MAKEKA APPLICANT

AND

AFRICA MEDIA HOLDINGS 1ST RESPONDENT

Standard Lesotho Bank Limited V Kopano Holdings (PTY) LTD (CCT/0039/2017) [2021]LSHC 18 (08 November 2021);

Flynote:

Costs

Apportionment of Costs

Search Summary:

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