Lemeke v Sefali (CCT/0468/2021) [2022] LSHC 165 (30 November 2022)

Lemeke v Sefali (CCT/0468/2021) [2022] LSHC 165 (30 November 2022)

The defendants' exception based on non-joinder and misjoinder does not fall within the ambit of rule 29(1)(a) because the alleged defects do not appear ex facie the pleadings and would require introduction of new evidence; such defences should be raised by special plea, not exception.

Citation
[2022] LSHC 165
Parties
Plaintiff: ‘Mampoetsi Lemeke; 1st Defendant: Thabang Sefali; 2nd Defendant: ‘Mabafokeng Sefali
Court
High Court
Jurisdiction
Lesotho
Judgment Date
30 November 2022
Case Number
CCT/0468/2021
Procedural Posture
Commercial Civil Action / Ruling on Exception
Outcome
Exception dismissed with costs.
Legal Topics
Exception, Non Joinder, Misjoinder, Pleadings
Source Language
English
Civil Procedure Exception Non Joinder Misjoinder Pleadings

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Parties

‘Mampoetsi Lemeke

Plaintiff

Thabang Sefali

1st Defendant

‘Mabafokeng Sefali

2nd Defendant

Procedural Posture

Commercial Civil Action / Ruling on Exception

Legal Issues

  1. 1 Whether non-joinder and misjoinder can be raised by way of exception under rule 29(1)(a) of the High Court Rules 1980
  2. 2 Whether the defendants' exception falls within the ambit of rule 29(1)(a)

Ratio Decidendi

The defendants' exception based on non-joinder and misjoinder does not fall within the ambit of rule 29(1)(a) because the alleged defects do not appear ex facie the pleadings and would require introduction of new evidence; such defences should be raised by special plea, not exception.

Court Disposition

Exception dismissed with costs.

Orders

  • The exception is dismissed with costs.