Letsie v Commander Lesotho Defence Force and Others (CIV/T/285/2010; C of A (CIV) No.4/2011) [2011] LSCA 22 (20 April 2011)

Letsie v Commander Lesotho Defence Force and Others (CIV/T/285/2010; C of A (CIV) No.4/2011) [2011] LSCA 22 (20 April 2011)

The High Court erred in granting rescission of the default judgment without the respondents showing good cause as required by Rule 27(6)(c), and the default judgment itself was improperly granted without hearing evidence as required by Rule 27(5). Both orders were set aside and the matter remitted for proper procedure.

Source-derived case information.

Citation
[2011] LSCA 22
Parties
Appellant: 'Mamoholobela Letsie; Respondent: The Commander Lesotho Defence Force; Respondent: The Commissioner of Police; Respondent: Trooper Khama; Respondent: Attorney General
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
20 April 2011
Case Number
CIV/T/285/2010 ; C of A (CIV) No.4/2011
Procedural Posture
Civil Appeal / Appeal Against Order for Rescission of Default Judgment
Outcome
appeal allowed
Legal Topics
Default Judgment, Rescission, Good Cause Requirement, Damages
Source Language
english
Civil Procedure Default Judgment Rescission Good Cause Requirement Damages

Source-derived case record

Summary, issues, holding and outcome

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Parties

'Mamoholobela Letsie

Appellant

The Commander Lesotho Defence Force

Respondent

The Commissioner of Police

Respondent

Trooper Khama

Respondent

Attorney General

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the High Court erred in granting rescission of default judgment without consideration of good cause as required by Rule 27(6)(c)
  2. 2 Whether the default judgment was properly granted without hearing evidence as required by Rule 27(5)

Ratio Decidendi

The High Court erred in granting rescission of the default judgment without the respondents showing good cause as required by Rule 27(6)(c), and the default judgment itself was improperly granted without hearing evidence as required by Rule 27(5). Both orders were set aside and the matter remitted for proper procedure.

Court Disposition

appeal allowed

Orders

  • The appeal succeeds.
  • The order for rescission made by the court below on 3rd January 2011, and its order in respect of costs is set aside.