First National Bank of Lesotho V Ramoabi (CC/0563/2021) [2023] LSHC 131 (3 August 2023)

First National Bank of Lesotho V Ramoabi (CC/0563/2021) [2023] LSHC 131 (3 August 2023)

The defendants’ counterclaim for unfair dismissal and compensation, pending before the DDPR, is not justiciable before this court and cannot be raised as a bona fide defence to a summary judgment application for a liquidated claim. The plaintiff has made out a case for summary judgment as the defendants do not dispute their indebtedness.

Citation
[2023] LSHC 131
Parties
Plaintiff: First National Bank of Lesotho Ltd; 1st Defendant: Lehlohonolo Peter Ramoabi; 2nd Defendant: ‘Mamakara Masefatsa Ramoabi
Court
High Court
Jurisdiction
Lesotho
Judgment Date
3 August 2023
Case Number
CC/0563/2021
Procedural Posture
Civil / Summary Judgment Application
Outcome
summary judgment granted for the plaintiff with costs
Legal Topics
Summary Judgment, Counterclaim, Jurisdiction, Employment Dismissal, Loan Agreement
Source Language
English
Civil Procedure Banking Law Summary Judgment Counterclaim Jurisdiction Employment Dismissal Loan Agreement

Case Brief

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Parties

First National Bank of Lesotho Ltd

Plaintiff

Lehlohonolo Peter Ramoabi

1st Defendant

‘Mamakara Masefatsa Ramoabi

2nd Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the defendants have a bona fide defence to the plaintiff’s claim
  2. 2 Whether a counterclaim pending before a specialized labour forum can be raised as a defence to a summary judgment application
  3. 3 Whether the plaintiff has made out a case for summary judgment

Ratio Decidendi

The defendants’ counterclaim for unfair dismissal and compensation, pending before the DDPR, is not justiciable before this court and cannot be raised as a bona fide defence to a summary judgment application for a liquidated claim. The plaintiff has made out a case for summary judgment as the defendants do not dispute their indebtedness.

Court Disposition

summary judgment granted for the plaintiff with costs

Orders

  • Application for summary judgment granted as prayed for in the Notice of Motion with costs