Lesotho Highlands Development Authority v Sole (CIV/T 589 of 95) [1997] LSHC 31 (25 March 1997)

The application for postponement is dismissed because the ruling appealed against is interlocutory and not appealable without leave, the application is an abuse of court process intended to delay proceedings, and granting it would prejudice the plaintiff.

Citation: [1997] LSHC 31
Parties: Plaintiff: Lesotho Highlands Development Authority; Defendant: Masupha Ephraim Sole
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 25 March 1997
Case Number: CIV/T 589 of 95
Procedural Posture: Civil / Ruling on Application to Postpone Matter and Reserve Cross Examination
Outcome: Application dismissed with costs, including costs of two counsel.
Legal Topics: Postponement of Trial, Interlocutory Orders, Discovery of Documents, Abuse of Process
Source Language: English

Civil Procedure Postponement of Trial Interlocutory Orders Discovery of Documents Abuse of Process

Case Brief

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Parties

Lesotho Highlands Development Authority

Plaintiff

Masupha Ephraim Sole

Defendant

Procedural Posture

Civil / Ruling on Application to Postpone Matter and Reserve Cross Examination

Legal Issues

1 Whether the application for postponement pending appeal should be granted
2 Whether the rulings appealed against are interlocutory and appealable as of right
3 Whether the defendant's conduct amounts to abuse of court process

Ratio Decidendi

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

Application for postponement is dismissed with costs, including costs of two counsel.