Malefetsane Malebo V Tseliso Senekane & Ano. (CCT/0216/2017) [2025] LSHC 131 (9 June 2025)

Malefetsane Malebo V Tseliso Senekane & Ano. (CCT/0216/2017) [2025] LSHC 131 (9 June 2025)

The defendant was not served with the summons at his residence as required by Rule 4(1)(b) of the High Court Rules 1980. The Deputy Sheriff left the summons at the defendant’s parental home, not his residence. This failure to comply with the rules of service invalidated the default judgment, warranting rescission.

Citation
[2025] LSHC 131
Parties
Applicant: Malefetsane Malebo; 1st Respondent: Tšeliso Senekane; 2nd Respondent: Deputy Sheriff (Thato Mohale)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 June 2025
Case Number
CCT/0216/2017
Procedural Posture
Application for Rescission of Default Judgment / Judgment
Outcome
application for rescission granted with costs
Legal Topics
Rescission of Judgment, Service of Process, Default Judgment
Source Language
English
Civil Procedure Rescission of Judgment Service of Process Default Judgment

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Parties

Malefetsane Malebo

Applicant

Tšeliso Senekane

1st Respondent

Deputy Sheriff (Thato Mohale)

2nd Respondent

Procedural Posture

Application for Rescission of Default Judgment / Judgment

Legal Issues

  1. 1 Whether the defendant was properly served with summons in accordance with Rule 4(1)(b) of the High Court Rules 1980
  2. 2 Whether the rescission of default judgment should be granted

Ratio Decidendi

The defendant was not served with the summons at his residence as required by Rule 4(1)(b) of the High Court Rules 1980. The Deputy Sheriff left the summons at the defendant’s parental home, not his residence. This failure to comply with the rules of service invalidated the default judgment, warranting rescission.

Court Disposition

application for rescission granted with costs

Orders

  • The application succeeds with costs.