Mohanoe v Mohanoe and Another (CIV/APN 160 of 12) [2014] LSHC 66 (12 August 2014)

Mohanoe v Mohanoe and Another (CIV/APN 160 of 12) [2014] LSHC 66 (12 August 2014)

The High Court is functus officio and cannot review or set aside its own orders; the applicant should have appealed to the Court of Appeal. The application was dismissed on this ground alone.

Source-derived case information.

Citation
[2014] LSHC 66
Parties
Applicant: Kalinyane Mohanoe; 1st Respondent: ‘Mamoeketsi Mohanoe; 2nd Respondent: Deputy Sheriff (Mr. L. Lipholo)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 August 2014
Case Number
CIV/APN 160 of 12
Procedural Posture
Civil Application / Judgment
Outcome
application dismissed with costs
Legal Topics
Declaratory Orders, Functus Officio, Rescission of Judgment, Review of Court Orders
Source Language
english
Civil Procedure Declaratory Orders Functus Officio Rescission of Judgment Review of Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Kalinyane Mohanoe

Applicant

‘Mamoeketsi Mohanoe

1st Respondent

Deputy Sheriff (Mr. L. Lipholo)

2nd Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the High Court can declare its own previous orders irregular and set them aside
  2. 2 Whether the applicant met the requirements for rescission of judgment
  3. 3 Whether the proper procedure was followed in seeking to set aside the orders

Ratio Decidendi

The High Court is functus officio and cannot review or set aside its own orders; the applicant should have appealed to the Court of Appeal. The application was dismissed on this ground alone.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed with costs.