Morakeng v Morakeng (CIV/T 739 of 88) [1990] LSCA 177 (22 November 1990)

Morakeng v Morakeng (CIV/T 739 of 88) [1990] LSCA 177 (22 November 1990)

Although the notice of set down was irregular for being issued before a pre-trial conference, the applicant, having attended the pre-trial conference with knowledge of the irregularity, took a further step and thereby lost the right to seek to set aside the notice under Rule 30(1).

Source-derived case information.

Citation
[1990] LSCA 177
Parties
Applicant: Ellis Morakeng; Respondent: Matseliso Morakeng
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
22 November 1990
Case Number
CIV/T 739 of 88
Procedural Posture
Application / Ruling on Interlocutory Application to Set Aside Notice of Set Down
Outcome
Application dismissed with costs
Legal Topics
Irregular Proceedings, Pre Trial Conference, Notice of Set Down, Condonation of Irregularity
Source Language
english
Civil Procedure Irregular Proceedings Pre Trial Conference Notice of Set Down Condonation of Irregularity

Source-derived case record

Summary, issues, holding and outcome

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Parties

Ellis Morakeng

Applicant

Matseliso Morakeng

Respondent

Procedural Posture

Application / Ruling on Interlocutory Application to Set Aside Notice of Set Down

Legal Issues

  1. 1 Whether the notice of set down was irregular and improper for being issued before a pre-trial conference as required by Rule 36(1) and (4)
  2. 2 Whether the applicant was entitled to seek to set aside the notice of set down after taking a further step with knowledge of the irregularity, per Rule 30(1)

Ratio Decidendi

Although the notice of set down was irregular for being issued before a pre-trial conference, the applicant, having attended the pre-trial conference with knowledge of the irregularity, took a further step and thereby lost the right to seek to set aside the notice under Rule 30(1).

Court Disposition

Application dismissed with costs

Orders

  • The application to set aside the notice of set down is dismissed with costs.