Lephole v Mather (CIV/T 87 of 80) [1980] LSHC 51 (11 August 1980)

Lephole v Mather (CIV/T 87 of 80) [1980] LSHC 51 (11 August 1980)

The request for further particulars was out of time and unnecessary for the defendant to plead. The plaintiff's declaration disclosed a cause of action and the defendant could plead without further particulars. The irregular request was struck out and the defendant was ordered to plead within seven days.

Citation
[1980] LSHC 51
Parties
Plaintiff: John Molai Lephole; Defendant: Michael Bernon Mather
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 August 1980
Case Number
CIV/T 87 of 80
Procedural Posture
Civil / Ruling on Application to Strike Out Request for Further Particulars
Outcome
Application to strike out request for further particulars granted
Legal Topics
Default Judgment, Pleadings, Further Particulars, Condonation of Irregularity
Source Language
English
Civil Procedure Default Judgment Pleadings Further Particulars Condonation of Irregularity

Case Brief

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Parties

John Molai Lephole

Plaintiff

Michael Bernon Mather

Defendant

Procedural Posture

Civil / Ruling on Application to Strike Out Request for Further Particulars

Legal Issues

  1. 1 Whether the request for further particulars by the defendant should be struck out as irregular
  2. 2 Whether the defendant should be ordered to plead

Ratio Decidendi

The request for further particulars was out of time and unnecessary for the defendant to plead. The plaintiff's declaration disclosed a cause of action and the defendant could plead without further particulars. The irregular request was struck out and the defendant was ordered to plead within seven days.

Court Disposition

Application to strike out request for further particulars granted

Orders

  • Request for further particulars struck out with costs to the plaintiff
  • Defendant ordered to plead within seven days