Matthews v Stirling International Engineering Ltd (CIV/V 397 of 87) [1988] LSHC 21 (16 February 1988)

Matthews v Stirling International Engineering Ltd (CIV/V 397 of 87) [1988] LSHC 21 (16 February 1988)

The defendant failed to discharge the onus of proving the plaintiff is a peregrinus; the plaintiff's evidence of permanent residence and intention to remain in Lesotho is unchallenged and sufficient to establish incola status.

Citation
[1988] LSHC 21
Parties
Plaintiff: M. W. Matthews; Defendant: Stirling International Engineering Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
16 February 1988
Case Number
CIV/V 397 of 87
Procedural Posture
Civil / Interlocutory Application for Security for Costs
Outcome
Application dismissed with costs
Legal Topics
Security for Costs, Peregrinus, Incola, Residence, Affidavit Practice
Source Language
English
Civil Procedure Security for Costs Peregrinus Incola Residence Affidavit Practice

Case Brief

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Parties

M. W. Matthews

Plaintiff

Stirling International Engineering Ltd

Defendant

Procedural Posture

Civil / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether the plaintiff is a peregrinus and liable to furnish security for costs

Ratio Decidendi

The defendant failed to discharge the onus of proving the plaintiff is a peregrinus; the plaintiff's evidence of permanent residence and intention to remain in Lesotho is unchallenged and sufficient to establish incola status.

Court Disposition

Application dismissed with costs

Orders

  • The application for security for costs is dismissed with costs.