Condo Construction (PTY) LTD V BRixs Development Company (PTY) LTD (CCT/0379/2024) [2025] LSHC 197 (14 August 2025)

Condo Construction (PTY) LTD V BRixs Development Company (PTY) LTD (CCT/0379/2024) [2025] LSHC 197 (14 August 2025)

The defendant failed to disclose a bona fide defence in law or fact, having twice acknowledged the debt in a certificate of final completion and in correspondence, and only raising allegations of substandard work after defaulting on payment. The certificate is conclusive and binding, and the defendant's conduct is frivolous and vexatious, justifying summary judgment and punitive costs.

Citation
[2025] LSHC 197
Parties
Plaintiff: Condo Construction (Pty) Ltd; Defendant: Brixs Development Company (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 August 2025
Case Number
CCT/0379/2024
Procedural Posture
Civil (commercial) Summary Judgment Application / Judgment on Summary Judgment Application
Outcome
Summary judgment granted for the plaintiff.
Legal Topics
Summary Judgment, Certificate of Completion, Contractual Obligations, Retention Monies, Acknowledgment of Debt, Defences to Summary Judgment, Costs (punitive)
Source Language
English
Construction Law Civil Procedure Summary Judgment Certificate of Completion Contractual Obligations Retention Monies Acknowledgment of Debt Defences to Summary Judgment +1 more

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Parties

Condo Construction (Pty) Ltd

Plaintiff

Brixs Development Company (Pty) Ltd

Defendant

Procedural Posture

Civil (commercial) Summary Judgment Application / Judgment on Summary Judgment Application

Legal Issues

  1. 1 Whether the defendant disclosed a bona fide defence to resist summary judgment
  2. 2 Legal effect of a certificate of final completion in construction contracts
  3. 3 Entitlement to punitive costs

Ratio Decidendi

The defendant failed to disclose a bona fide defence in law or fact, having twice acknowledged the debt in a certificate of final completion and in correspondence, and only raising allegations of substandard work after defaulting on payment. The certificate is conclusive and binding, and the defendant's conduct is frivolous and vexatious, justifying summary judgment and punitive costs.

Court Disposition

Summary judgment granted for the plaintiff.

Orders

  • Payment of M59,307.91 to the plaintiff.
  • Interest at 10.65% per annum a tempore morae from 01 October 2023 to date of final payment.