Amalgamated Engineering Solutions (Pty) Ltd v Mokhehle (LC/REV/APN/ 26 of 2020) [2021] LSHC 12 (7 June 2021)

Amalgamated Engineering Solutions (Pty) Ltd v Mokhehle (LC/REV/APN/ 26 of 2020) [2021] LSHC 12 (7 June 2021)

The District Land Court's failure to ensure proper service and notice, resulting in the applicant not being heard, was a grave procedural irregularity. This justified review and setting aside of the default judgment, regardless of whether rescission was first sought.

Citation
[2021] LSHC 12
Parties
1st Applicant: Amalgamated Engineering Solutions (Pty) Ltd; 2nd Applicant: Moremi Sojane; 1st Respondent: Malisema Floyd Mokhehle; 2nd Respondent: The Learned Magistrate Mr Molapo; 3rd Respondent: Clerk of Court Maseru Magistrate Court; 4th Respondent: Land Administration Authority; 5th Respondent: Maseru City Council; 6th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
7 June 2021
Case Number
LC/REV/APN/ 26 of 2020
Procedural Posture
Review Application / Judgment
Outcome
Application allowed
Legal Topics
Review of Default Judgment, Procedural Irregularity, Right to Be Heard
Source Language
English
Civil Procedure Land Law Review of Default Judgment Procedural Irregularity Right to Be Heard

Case Brief

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Parties

Amalgamated Engineering Solutions (Pty) Ltd

1st Applicant

Moremi Sojane

2nd Applicant

Malisema Floyd Mokhehle

1st Respondent

The Learned Magistrate Mr Molapo

2nd Respondent

Clerk of Court Maseru Magistrate Court

3rd Respondent

Land Administration Authority

4th Respondent

Maseru City Council

5th Respondent

Attorney General

6th Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether failure to follow rescission procedure bars review application
  2. 2 Whether procedural irregularities in service and notice justify setting aside default judgment
  3. 3 Whether the applicants had locus standi

Ratio Decidendi

The District Land Court's failure to ensure proper service and notice, resulting in the applicant not being heard, was a grave procedural irregularity. This justified review and setting aside of the default judgment, regardless of whether rescission was first sought.

Court Disposition

Application allowed

Orders

  • The application succeeds with costs.
  • The default judgment granted by the Maseru District Land Court under CIV/DLC/0040/20 is reviewed and set aside.