First National Bank of Lesotho V Khafo Pitsi (CCT/0228/2024) [2024] LSHC 250 (11 November 2024)

First National Bank of Lesotho V Khafo Pitsi (CCT/0228/2024) [2024] LSHC 250 (11 November 2024)

The application for summary judgment is dismissed because the defendant raised a bona fide defence by showing payments made and because the plaintiff failed to provide a pre-enforcement notice as required by Section 21 of the Financial Consumer Protection Act, 2022. Non-joinder of the defendant's wife is not a valid defence under the Legal Capacity of Married Persons Act, 2006.

Citation
[2024] LSHC 250
Parties
Plaintiff: First National Bank of Lesotho Limited; Respondent: Khafo Pitsi
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 November 2024
Case Number
CCT/0228/2024
Procedural Posture
Civil / Summary Judgment Application
Outcome
application dismissed
Legal Topics
Summary Judgment, Certificate of Indebtedness, Pre Enforcement Notice, Non Joinder, Mortgage Enforcement
Source Language
English
Banking Law Civil Procedure Consumer Protection Summary Judgment Certificate of Indebtedness Pre Enforcement Notice Non Joinder Mortgage Enforcement

Case Brief

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Parties

First National Bank of Lesotho Limited

Plaintiff

Khafo Pitsi

Respondent

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the application for summary judgment should succeed
  2. 2 Whether non-joinder of the defendant's wife is a valid defence
  3. 3 Whether litigation is premature for lack of pre-enforcement notice under the Financial Consumer Protection Act, 2022

Ratio Decidendi

The application for summary judgment is dismissed because the defendant raised a bona fide defence by showing payments made and because the plaintiff failed to provide a pre-enforcement notice as required by Section 21 of the Financial Consumer Protection Act, 2022. Non-joinder of the defendant's wife is not a valid defence under the Legal Capacity of Married Persons Act, 2006.

Court Disposition

application dismissed

Orders

  • The application for summary judgment is dismissed with no order as to costs.