Ntisa and Others v Fiee (CIV/APN 207 of 79) [1980] LSHC 71 (5 December 1980)

Ntisa and Others v Fiee (CIV/APN 207 of 79) [1980] LSHC 71 (5 December 1980)

The applicants failed to provide a satisfactory explanation for their default, did not act bona fide, did not apply for condonation for late filing, and the evidence showed they were properly served. The application for rescission was therefore dismissed.

Source-derived case information.

Citation
[1980] LSHC 71
Parties
Applicant: Lebamang Ntisa; Applicant: Phethang Merafo; Applicant: Sehehere Mare; Respondent: Tanki Fiee
Court
High Court
Jurisdiction
Lesotho
Judgment Date
5 December 1980
Case Number
CIV/APN 207 of 79
Procedural Posture
Application to Rescind Judgment / Ruling on Application to Rescind Default Judgment
Outcome
Application dismissed with costs to respondent.
Legal Topics
Rescission of Judgment, Default Judgment, Service of Process, Condonation, Wrongful Arrest and Imprisonment, Execution of Judgment
Source Language
english
Civil Procedure Rescission of Judgment Default Judgment Service of Process Condonation Wrongful Arrest and Imprisonment Execution of Judgment

Source-derived case record

Summary, issues, holding and outcome

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Parties

Lebamang Ntisa

Applicant

Phethang Merafo

Applicant

Sehehere Mare

Applicant

Tanki Fiee

Respondent

Procedural Posture

Application to Rescind Judgment / Ruling on Application to Rescind Default Judgment

Legal Issues

  1. 1 Whether the applicants were properly served with summons in the original action
  2. 2 Whether the applicants have provided sufficient explanation for their default
  3. 3 Whether the applicants have a bona fide defence to the original claim

Ratio Decidendi

The applicants failed to provide a satisfactory explanation for their default, did not act bona fide, did not apply for condonation for late filing, and the evidence showed they were properly served. The application for rescission was therefore dismissed.

Court Disposition

Application dismissed with costs to respondent.

Orders

  • Application to rescind default judgment is dismissed.
  • Applicants to pay costs to respondent.