Bridge Taxi Finance No.2 PTY Ltd V Sekoala Rajane & 4 Others (CIV/APN/392/2022) [2023] LSHC 202 (25 August 2023)

Bridge Taxi Finance No.2 PTY Ltd V Sekoala Rajane & 4 Others (CIV/APN/392/2022) [2023] LSHC 202 (25 August 2023)

The Assistant Registrar's decision to approve the security bond without hearing the 1st respondent and without disclosure of the disagreement over the form of security was procedurally improper and failed to comply with the audi alteram partem rule, rendering the decision unsupportable.

Citation
[2023] LSHC 202
Parties
Applicant: Bridge Taxi Finance No.2 (PTY) LTD; 1st Respondent: Sekoala Rajane; 2nd Respondent: OC VTD/CRCU; 3rd Respondent: Commissioner of Police; 4th Respondent: The Attorney General; 5th Respondent: The Deputy Sheriff
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 August 2023
Case Number
CIV/APN/392/2022
Procedural Posture
Application for Review / Judgment
Outcome
decision of Assistant Registrar reviewed and set aside; matter remitted for reconsideration
Legal Topics
Security for Costs, Review of Registrar's Decision, Audi Alteram Partem, Sufficiency of Security Bond
Source Language
English
Administrative Law Civil Procedure Security for Costs Review of Registrar's Decision Audi Alteram Partem Sufficiency of Security Bond

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Parties

Bridge Taxi Finance No.2 (PTY) LTD

Applicant

Sekoala Rajane

1st Respondent

OC VTD/CRCU

2nd Respondent

Commissioner of Police

3rd Respondent

The Attorney General

4th Respondent

The Deputy Sheriff

5th Respondent

Procedural Posture

Application for Review / Judgment

Legal Issues

  1. 1 Whether the Assistant Registrar's approval of a security bond without hearing the requesting party was procedurally proper
  2. 2 Whether the bond sufficiently safeguards the rights of the incola respondent

Ratio Decidendi

The Assistant Registrar's decision to approve the security bond without hearing the 1st respondent and without disclosure of the disagreement over the form of security was procedurally improper and failed to comply with the audi alteram partem rule, rendering the decision unsupportable.

Court Disposition

decision of Assistant Registrar reviewed and set aside; matter remitted for reconsideration

Orders

  • The decision of the Assistant Registrar dated 19 January 2023 is reviewed and set aside.
  • The matter is remitted to the Assistant Registrar to determine the sufficiency of the proposed Form of Security.