Beleme Lebajoa V COMPOL (CIV/APN/0178/2022) [2023] LSHC 126 (3 August 2023)

Beleme Lebajoa V COMPOL (CIV/APN/0178/2022) [2023] LSHC 126 (3 August 2023)

The first respondent's failure to give prior notice of the intention to apply for recusal, resulting in unavoidable postponement and unnecessary expenses for the applicant, constituted an abuse of court process and justified an award of wasted costs on attorney and client scale.

Citation
[2023] LSHC 126
Parties
Applicant: Beleme Lebajoa; 1st Respondent: Commissioner of Police; 2nd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
3 August 2023
Case Number
CIV/APN/0178/2022
Procedural Posture
Civil Application / Ruling on Costs Following Application for Recusal and Postponement
Outcome
Wasted costs awarded against first respondent on attorney and client scale.
Legal Topics
Costs, Attorney Client Costs, Abuse of Process, Postponement, Recusal
Source Language
English
Civil Procedure Costs Attorney Client Costs Abuse of Process Postponement Recusal

Case Brief

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Parties

Beleme Lebajoa

Applicant

Commissioner of Police

1st Respondent

Attorney General

2nd Respondent

Procedural Posture

Civil Application / Ruling on Costs Following Application for Recusal and Postponement

Legal Issues

  1. 1 Whether the first respondent should pay wasted costs on attorney and client scale for last-minute application for recusal and failure to give notice

Ratio Decidendi

The first respondent's failure to give prior notice of the intention to apply for recusal, resulting in unavoidable postponement and unnecessary expenses for the applicant, constituted an abuse of court process and justified an award of wasted costs on attorney and client scale.

Court Disposition

Wasted costs awarded against first respondent on attorney and client scale.

Orders

  • The first respondent shall pay the wasted costs of 03 April 2023 on attorney and client scale.