Lesotho Highlands Development Authority v Sole (CIV/T 598 of 95) [1997] LSHC 33 (1 April 1997)

Lesotho Highlands Development Authority v Sole (CIV/T 598 of 95) [1997] LSHC 33 (1 April 1997)

The postponement was reluctantly granted solely due to the non-preparedness of the defendant's counsel and the unavailability of previous counsel, but the defendant was ordered to pay all wasted costs on an attorney and client scale, including costs of two counsel, as the court found the defendant's conduct amounted to delaying tactics and abuse of court process.

Citation
[1997] LSHC 33
Parties
Plaintiff: Lesotho Highlands Development Authority; Defendant: Masupha Ephraim Sole
Court
High Court
Jurisdiction
Lesotho
Judgment Date
1 April 1997
Case Number
CIV/T 598 of 95
Procedural Posture
Civil / Ruling on Application for Postponement
Outcome
Postponement granted with costs against the defendant on attorney and client scale, including costs of two counsel.
Legal Topics
Postponement of Trial, Costs, Abuse of Court Process, Discovery of Documents
Source Language
English
Civil Procedure Postponement of Trial Costs Abuse of Court Process Discovery of Documents

Case Brief

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Parties

Lesotho Highlands Development Authority

Plaintiff

Masupha Ephraim Sole

Defendant

Procedural Posture

Civil / Ruling on Application for Postponement

Legal Issues

  1. 1 Whether the defendant is entitled to a postponement of the trial
  2. 2 Whether the defendant's conduct amounts to abuse of court process
  3. 3 Who should bear the costs of the postponement

Ratio Decidendi

The postponement was reluctantly granted solely due to the non-preparedness of the defendant's counsel and the unavailability of previous counsel, but the defendant was ordered to pay all wasted costs on an attorney and client scale, including costs of two counsel, as the court found the defendant's conduct amounted to delaying tactics and abuse of court process.

Court Disposition

Postponement granted with costs against the defendant on attorney and client scale, including costs of two counsel.

Orders

  • Defendant to pay all wasted costs of the plaintiff occasioned by the postponement on attorney and client scale, including costs of two counsel.
  • Counsel to find new dates with the registrar.