Mthembu v Igbala (CIV/T 295 of 79) [1980] LSHC 66 (21 November 1980)

Mthembu v Igbala (CIV/T 295 of 79) [1980] LSHC 66 (21 November 1980)

The default judgment was set aside because the notice to file plea was not properly served on the defendant at his address for service, and Advocate Ramodibedi was not the attorney of record. The procedural defect rendered the judgment irregular and invalid.

Citation
[1980] LSHC 66
Parties
Defendant: Michael Mthembu; Plaintiff: Chhogala Igbala
Court
High Court
Jurisdiction
Lesotho
Judgment Date
21 November 1980
Case Number
CIV/T 295 of 79
Procedural Posture
Civil / Application to Set Aside Default Judgment
Outcome
default judgment set aside
Legal Topics
Default Judgment, Service of Process, Representation by Counsel, Setting Aside Judgment
Source Language
English
Civil Procedure Default Judgment Service of Process Representation by Counsel Setting Aside Judgment

Case Brief

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Parties

Michael Mthembu

Defendant

Chhogala Igbala

Plaintiff

Procedural Posture

Civil / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the default judgment was validly obtained
  2. 2 Whether service of process was properly effected
  3. 3 Whether the defendant was properly barred from pleading

Ratio Decidendi

The default judgment was set aside because the notice to file plea was not properly served on the defendant at his address for service, and Advocate Ramodibedi was not the attorney of record. The procedural defect rendered the judgment irregular and invalid.

Court Disposition

default judgment set aside

Orders

  • Defendant to file plea within seven days, failing which the default judgment may be restored.
  • Plaintiff given leave to file reply within seven days.