Ramoriting and Another v Lesotho Bank National and Another (CIV/APN 136 of 87) [1988] LSHC 22 (18 February 1988)

Applicants failed to provide a reasonable and acceptable explanation for their default and had no prospect of success on the merits; the agreement clearly allowed legal action against them and they were liable as sureties.

Citation: [1988] LSHC 22
Parties: Applicant: Jerome Ramoriting; Applicant: Ramosobela Ramoriting; Respondent: Lesotho Bank - National Development Bank
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 18 February 1988
Case Number: CIV/APN 136 of 87
Procedural Posture: Application for Rescission of Judgment / Judgment on Application for Rescission
Outcome: Application dismissed with costs
Legal Topics: Rescission of Judgment, Suretyship, Summary Judgment
Source Language: English

Civil Procedure Contract Law Rescission of Judgment Suretyship Summary Judgment

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Parties

Jerome Ramoriting

Applicant

Ramosobela Ramoriting

Applicant

Lesotho Bank - National Development Bank

Respondent

Procedural Posture

Application for Rescission of Judgment / Judgment on Application for Rescission

Legal Issues

1 Whether sufficient cause was shown for rescission of summary judgment
2 Whether the applicants had a bona fide defence with prospects of success
3 Whether the applicants were properly joined as liable under the agreement

Ratio Decidendi

Court Disposition

Application dismissed with costs

Orders

Application for rescission is dismissed
Applicants to pay costs to the respondent