Kompi v Ntsekhe (CCT/0246/2021) [2022] LSHC 124 (22 September 2022)

Kompi v Ntsekhe (CCT/0246/2021) [2022] LSHC 124 (22 September 2022)

The notice of withdrawal was not irregular or improper because it was filed before the matter was set down and did not require consent or leave. The plaintiff's remedy regarding costs was to apply under Rule 43(1)(d), not Rule 30.

Citation
[2022] LSHC 124
Parties
Applicant/plaintiff: Rethabile Juta Kompi; Respondent/defendant: Fusi Petrose Ntsekhe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 September 2022
Case Number
CCT/0246/2021
Procedural Posture
Commercial Application / Ruling on Application to Set Aside Notice of Withdrawal as Irregular Under Rule 30
Outcome
Application dismissed with costs against the plaintiff.
Legal Topics
Withdrawal of Proceedings, Irregular Proceedings, Costs
Source Language
English
Civil Procedure Withdrawal of Proceedings Irregular Proceedings Costs

Case Brief

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Parties

Rethabile Juta Kompi

Applicant/plaintiff

Fusi Petrose Ntsekhe

Respondent/defendant

Procedural Posture

Commercial Application / Ruling on Application to Set Aside Notice of Withdrawal as Irregular Under Rule 30

Legal Issues

  1. 1 Whether the notice of withdrawal filed by the defendant was an irregular or improper proceeding under Rule 30 of the High Court Rules 1980

Ratio Decidendi

The notice of withdrawal was not irregular or improper because it was filed before the matter was set down and did not require consent or leave. The plaintiff's remedy regarding costs was to apply under Rule 43(1)(d), not Rule 30.

Court Disposition

Application dismissed with costs against the plaintiff.

Orders

  • The application in terms of rule 30 is dismissed.
  • The plaintiff is directed to pay the costs occasioned by such application.