Lesotho Association of non-Formal Education V Women Going Beyond & Ano. (CCT/0285/2023) [2025] LSHC 86 (10 April 2025)

Lesotho Association of non-Formal Education V Women Going Beyond & Ano. (CCT/0285/2023) [2025] LSHC 86 (10 April 2025)

The rescission application was filed out of time without a formal condonation application. The court cannot condone non-compliance in the absence of a substantive application for condonation. The application is dismissed as an abuse of court process.

Citation
[2025] LSHC 86
Parties
Applicant: Lesotho Association of Non-Formal Education; 1st Respondent: Women Going Beyond; 2nd Respondent: Deputy Sheriff – Lebohang ‘Mika
Court
High Court
Jurisdiction
Lesotho
Judgment Date
10 April 2025
Case Number
CCT/0285/2023
Procedural Posture
Civil / Ruling on Rescission Application
Outcome
application dismissed
Legal Topics
Rescission of Judgment, Condonation, Default Judgment
Source Language
English
Civil Procedure Rescission of Judgment Condonation Default Judgment

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Parties

Lesotho Association of Non-Formal Education

Applicant

Women Going Beyond

1st Respondent

Deputy Sheriff – Lebohang ‘Mika

2nd Respondent

Procedural Posture

Civil / Ruling on Rescission Application

Legal Issues

  1. 1 Whether the rescission application should be granted despite being filed out of time without a formal condonation application
  2. 2 Whether the authority of the plaintiff's legal representatives was properly challenged
  3. 3 Whether there are merits to the rescission application

Ratio Decidendi

The rescission application was filed out of time without a formal condonation application. The court cannot condone non-compliance in the absence of a substantive application for condonation. The application is dismissed as an abuse of court process.

Court Disposition

application dismissed

Orders

  • The application is dismissed with no order as to costs.