Lesotho National Development Corporation v Shake Universary (Pty) Ltd (CCT 209 of 2012) [2016] LSHC 20 (10 November 2016)

Lesotho National Development Corporation v Shake Universary (Pty) Ltd (CCT 209 of 2012) [2016] LSHC 20 (10 November 2016)

Disputes of fact regarding payments and alleged fraud require oral evidence; claim for repairs was unliquidated and rescinded; Commercial Court has jurisdiction; release of defendant's property granted.

Citation
[2016] LSHC 20
Parties
Plaintiff: Lesotho National Development Corporation; Defendant: Shake Universary (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
10 November 2016
Case Number
CCT 209 of 2012
Procedural Posture
Commercial / Ruling on Application for Stay of Execution, Rescission of Default Judgment, and Release of Property
Outcome
Application for stay of execution and rescission partially succeeds; application for release of property granted.
Legal Topics
Rescission of Judgment, Stay of Execution, Release of Property, Jurisdiction, Liquidated and Unliquidated Claims
Source Language
English
Civil Procedure Commercial Law Rescission of Judgment Stay of Execution Release of Property Jurisdiction Liquidated and Unliquidated Claims

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Parties

Lesotho National Development Corporation

Plaintiff

Shake Universary (Pty) Ltd

Defendant

Procedural Posture

Commercial / Ruling on Application for Stay of Execution, Rescission of Default Judgment, and Release of Property

Legal Issues

  1. 1 Whether rescission application was properly brought under Rule 27(6) or Rule 45(1)(a)
  2. 2 Whether default judgment was erroneously granted
  3. 3 Whether payments made by defendant reduced the debt

Ratio Decidendi

Disputes of fact regarding payments and alleged fraud require oral evidence; claim for repairs was unliquidated and rescinded; Commercial Court has jurisdiction; release of defendant's property granted.

Court Disposition

Application for stay of execution and rescission partially succeeds; application for release of property granted.

Orders

  • Prayer (a) in summons stayed and referred for oral evidence on negotiations, payments, and alleged fraud.
  • Prayer (c) in summons rescinded with costs.