Lesotho Agricultural Development Bank v Mokotso (CIV/T 57 of 90) [1996] LSHC 94 (18 September 1996)

Lesotho Agricultural Development Bank v Mokotso (CIV/T 57 of 90) [1996] LSHC 94 (18 September 1996)

The omission to file the declaration with the summons or within 14 days after entry of appearance to defend does not go to the heart of the matter and does not prejudice the defendant; therefore, the court exercises its discretion under Rule 59 to grant leave to file the declaration out of time.

Citation
[1996] LSHC 94
Parties
Plaintiff: Lesotho Agricultural Development Bank; Defendant: Justice Thabo Mokotso
Court
High Court
Jurisdiction
Lesotho
Judgment Date
18 September 1996
Case Number
CIV/T 57 of 90
Procedural Posture
Civil / Interlocutory Application for Leave to File Plaintiff's Declaration Out of Time
Outcome
Application granted
Legal Topics
Pleadings, Filing of Declarations, Condonation of Procedural Irregularities
Source Language
English
Civil Procedure Pleadings Filing of Declarations Condonation of Procedural Irregularities

Case Brief

Summary, issues, holding and outcome

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Parties

Lesotho Agricultural Development Bank

Plaintiff

Justice Thabo Mokotso

Defendant

Procedural Posture

Civil / Interlocutory Application for Leave to File Plaintiff's Declaration Out of Time

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to file its declaration out of time
  2. 2 Whether the omission to file the declaration with the summons or within 14 days after entry of appearance to defend is fatal to the proceedings
  3. 3 Whether the defendant is prejudiced by the late filing of the declaration

Ratio Decidendi

The omission to file the declaration with the summons or within 14 days after entry of appearance to defend does not go to the heart of the matter and does not prejudice the defendant; therefore, the court exercises its discretion under Rule 59 to grant leave to file the declaration out of time.

Court Disposition

Application granted

Orders

  • Leave granted to the plaintiff to file its declaration out of time
  • No order as to costs; defendant not liable for costs of this application