Khali v Khali (CIV/APN 275 of 85) [1984] LSCA 11 (15 February 1984)

Khali v Khali (CIV/APN 275 of 85) [1984] LSCA 11 (15 February 1984)

The applicant failed to comply with the terms of the Deed of Settlement within the required time and conceded non-compliance in court. No procedural irregularity was established, and the applicant did not demonstrate a bona fide defence. The judgment was regular and rescission was not warranted.

Citation
[1984] LSCA 11
Parties
Applicant: Edward Moeketsi Khali; Respondent: Nandy Khali
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
15 February 1984
Case Number
CIV/APN 275 of 85
Procedural Posture
Civil Application / Application for Rescission of Judgment
Outcome
Application refused with costs
Legal Topics
Rescission of Judgment, Divorce Settlement, Contempt of Court, Costs
Source Language
English
Family Law Civil Procedure Rescission of Judgment Divorce Settlement Contempt of Court Costs

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Parties

Edward Moeketsi Khali

Applicant

Nandy Khali

Respondent

Procedural Posture

Civil Application / Application for Rescission of Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to rescission of the order granted against him under Civil Application No. 275/83
  2. 2 Whether the applicant complied with the terms of the Deed of Settlement made an order of the court
  3. 3 Whether there was any procedural irregularity justifying rescission

Ratio Decidendi

The applicant failed to comply with the terms of the Deed of Settlement within the required time and conceded non-compliance in court. No procedural irregularity was established, and the applicant did not demonstrate a bona fide defence. The judgment was regular and rescission was not warranted.

Court Disposition

Application refused with costs

Orders

  • The application for rescission is refused with costs.