Makhalane v Lets'eng Diamonds (CIV/APN 150 of 10) [2013] LSHC 110 (3 June 2013)

Makhalane v Lets'eng Diamonds (CIV/APN 150 of 10) [2013] LSHC 110 (3 June 2013)

The applicant failed to follow the mandatory procedures under Rules 49 and 50 for challenging the Taxing Master's allocatur, did not attend the taxation despite notice, and thereby waived his right to object; the application for stay was misconceived and untenable, warranting dismissal with costs.

Citation
[2013] LSHC 110
Parties
Applicant: Bofihla Makhalane; Respondent: Letšeng Diamonds (Pty) Limited
Court
High Court
Jurisdiction
Lesotho
Judgment Date
3 June 2013
Case Number
CIV/APN 150 of 10
Procedural Posture
Application for Stay of Execution / Judgment on Application for Stay Pending Review
Outcome
Application dismissed with costs
Legal Topics
Stay of Execution, Review of Taxing Master's Decision, Waiver of Rights, Rules of Court
Source Language
English
Civil Procedure Stay of Execution Review of Taxing Master's Decision Waiver of Rights Rules of Court

Case Brief

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Parties

Bofihla Makhalane

Applicant

Letšeng Diamonds (Pty) Limited

Respondent

Procedural Posture

Application for Stay of Execution / Judgment on Application for Stay Pending Review

Legal Issues

  1. 1 Whether the applicant is entitled to a stay of execution pending review of the Taxing Master's allocatur
  2. 2 Whether the applicant followed the correct procedure under Rules 49 and 50 for review
  3. 3 Whether the applicant waived his right to attend taxation proceedings

Ratio Decidendi

The applicant failed to follow the mandatory procedures under Rules 49 and 50 for challenging the Taxing Master's allocatur, did not attend the taxation despite notice, and thereby waived his right to object; the application for stay was misconceived and untenable, warranting dismissal with costs.

Court Disposition

Application dismissed with costs

Orders

  • The application for stay of execution is dismissed with costs.