Leloli Trading (Pty) Ltd v Mafeteng District Council (CCA/0075/2021) [2022] LSHC 4 (9 February 2022)

Leloli Trading (Pty) Ltd v Mafeteng District Council (CCA/0075/2021) [2022] LSHC 4 (9 February 2022)

The applicant failed to demonstrate the absence of any other satisfactory remedy, a mandatory requirement for the grant of an interim interdict. As not all requirements for an interim interdict were met, the application was dismissed.

Citation
[2022] LSHC 4
Parties
Applicant: Leloli Trading (Pty) Ltd; 1st Respondent: Mafeteng District Council; 2nd Respondent: Likepolana (Pty) Ltd; 3rd Respondent: MP Motors (Pty) Ltd; 4th Respondent: Public Policy and Advise Division; 5th Respondent: Ministry of Finance; 6th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 February 2022
Case Number
CCA/0075/2021
Procedural Posture
Application for Interim Interdict Pending Review / Ruling on Interim Interdict
Outcome
Application for interim interdict dismissed
Legal Topics
Interim Interdicts, Tender Disputes, Audi Alteram Partem, Alternative Remedies
Source Language
English
Administrative Law Civil Procedure Public Procurement Interim Interdicts Tender Disputes Audi Alteram Partem Alternative Remedies

Case Brief

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Parties

Leloli Trading (Pty) Ltd

Applicant

Mafeteng District Council

1st Respondent

Likepolana (Pty) Ltd

2nd Respondent

MP Motors (Pty) Ltd

3rd Respondent

Public Policy and Advise Division

4th Respondent

Ministry of Finance

5th Respondent

Attorney General

6th Respondent

Procedural Posture

Application for Interim Interdict Pending Review / Ruling on Interim Interdict

Legal Issues

  1. 1 Whether the applicant is entitled to an interim interdict pending review of a tender award
  2. 2 Whether the applicant has satisfied the requirements for an interim interdict

Ratio Decidendi

The applicant failed to demonstrate the absence of any other satisfactory remedy, a mandatory requirement for the grant of an interim interdict. As not all requirements for an interim interdict were met, the application was dismissed.

Court Disposition

Application for interim interdict dismissed

Orders

  • The rule nisi granted on 6th October 2021 is discharged.
  • The application for interim interdict is dismissed.