Debcas Catering Services v Matsinyane (CCT/0025/2021) [2022] LSHC 128 (30 September 2022)

The applicant failed to provide a reasonable and bona fide explanation for the default in filing the plea and did not disclose a bona fide defence or prospects of success; therefore, the requirements for condonation and removal of bar were not satisfied.

Source-derived case information.

Citation: [2022] LSHC 128
Parties: Applicant: Debcas Catering Services; Applicant: Julia Masienyane; Respondent: ‘Matumelo Matsinyane
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 30 September 2022
Case Number: CCT/0025/2021
Procedural Posture: Civil Application / Ruling on Application for Condonation and Removal of Bar
Outcome: Application dismissed
Legal Topics: Condonation, Removal of Bar, Late Filing of Plea, Court Discretion, Bona Fide Defence
Source Language: english

Civil Procedure Condonation Removal of Bar Late Filing of Plea Court Discretion Bona Fide Defence

Source-derived case record

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 10 Party arguments 2 Amounts and remedies 1

Parties

Debcas Catering Services

Applicant

Julia Masienyane

Applicant

‘Matumelo Matsinyane

Respondent

Procedural Posture

Civil Application / Ruling on Application for Condonation and Removal of Bar

Legal Issues

1 Whether the applicant has satisfied the requirements for condonation and removal of bar

Ratio Decidendi

Court Disposition

Application dismissed

Orders

Application for condonation to file a plea and removal of bar is dismissed
Applicants to pay the costs of the application

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