Khabo v Jankie (CIV/APN 399 of 2000) [2013] LSHC 104 (14 March 2013)

Khabo v Jankie (CIV/APN 399 of 2000) [2013] LSHC 104 (14 March 2013)

Rule 57 of the High Court Rules only contemplates revival of judgments sounding in money. Since the judgment sought to be revived was not ad pecuniam solvendam, the application for revival was misconceived and could not be granted.

Citation
[2013] LSHC 104
Parties
Applicant: ‘Makebisa Magnelene Khabo; Respondent: ‘Mantefeleng Jankie
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 March 2013
Case Number
CIV/APN 399 of 2000
Procedural Posture
Application / Judgment
Outcome
Application dismissed with costs
Legal Topics
Revival of Judgment, Execution of Judgments, Contempt of Court
Source Language
English
Civil Procedure Revival of Judgment Execution of Judgments Contempt of Court

Case Brief

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Parties

‘Makebisa Magnelene Khabo

Applicant

‘Mantefeleng Jankie

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether a judgment not sounding in money can be revived under Rule 57 of the High Court Rules
  2. 2 Whether the Applicant is entitled to revival of a lapsed judgment that is not ad pecuniam solvendam

Ratio Decidendi

Rule 57 of the High Court Rules only contemplates revival of judgments sounding in money. Since the judgment sought to be revived was not ad pecuniam solvendam, the application for revival was misconceived and could not be granted.

Court Disposition

Application dismissed with costs

Orders

  • Application for revival of judgment is dismissed with costs