Lerotholi Polytechnic V Mabula Khetheng (CIV/T/515/2016) [2024] LSHC 228 (25 October 2024)

The defendant was not entitled to file the plea without seeking removal of the bar and extension of time under Rule 26(6). The plea filed on 16 July 2020 is an irregular step and must be set aside.

Citation: [2024] LSHC 228
Parties: Plaintiff: Lerotholi Polytechnic; Defendant: Mabula Khetheng
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 25 October 2024
Case Number: CIV/T/515/2016
Procedural Posture: Civil / Ruling on Application to Set Aside Plea as Irregular Step
Outcome: Application granted
Legal Topics: Irregular Proceedings, Plea Out of Time, Automatic Bar, Extension of Time
Source Language: English

Civil Procedure Irregular Proceedings Plea Out of Time Automatic Bar Extension of Time

Case Brief

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Parties

Lerotholi Polytechnic

Plaintiff

Mabula Khetheng

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Plea as Irregular Step

Legal Issues

1 Whether the defendant's plea filed out of time without application for removal of bar is an irregular step and liable to be set aside

Ratio Decidendi

The defendant was not entitled to file the plea without seeking removal of the bar and extension of time under Rule 26(6). The plea filed on 16 July 2020 is an irregular step and must be set aside.

Court Disposition

Application granted

Orders

The application succeeds
The plea filed on 16 July 2020 is set aside as an irregular step or proceeding