Incomplete judgement (NA No.) [1998] LSCA 78 (31 July 1998)

Appellant failed to pursue proper remedies for recovery or rectification and instead prosecuted a meritless appeal for a higher sum, leading to unnecessary costs.

Citation: [1998] LSCA 78
Parties: Appellant: Appellant; Respondent: Respondent
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 31 July 1998
Case Number: NA No.
Procedural Posture: Appeal / Judgment
Outcome: appeal dismissed with costs
Legal Topics: Variation of Judgment, Quantification of Damages, Appeal Process
Source Language: English

Civil Procedure Variation of Judgment Quantification of Damages Appeal Process

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2 Amounts and remedies 2

Parties

Appellant

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

1 Whether appellant was entitled to appeal for payment of M121,478.93 instead of seeking rectification or recovery of agreed amount
2 Whether Rule 45(1) applies to rectify the judgment

Ratio Decidendi

Appellant failed to pursue proper remedies for recovery or rectification and instead prosecuted a meritless appeal for a higher sum, leading to unnecessary costs.

Court Disposition

appeal dismissed with costs

Orders

Respondent's agreement to pay appellant M4812-54 is recorded and confirmed.
Appeal dismissed with costs.