Monethi and Others v Tsietsi and Another (CIV/T 339 of 2012) [2013] LSHC 3 (13 February 2013)

Monethi and Others v Tsietsi and Another (CIV/T 339 of 2012) [2013] LSHC 3 (13 February 2013)

Absolution from the instance is not a final judgment and does not preclude a fresh application; the applicants satisfied the requirements for rescission as the default was not willful, there was a bona fide defence, and the delay was not unreasonable.

Citation
[2013] LSHC 3
Parties
Applicant: ‘Matau Monethi; Applicant: Tau Monethi; Applicant: Naleli Tekane; Applicant: Mothebesoane Makoane; Respondent: Likolobe Tsietsi; Respondent: Messenger of Court
Court
High Court
Jurisdiction
Lesotho
Judgment Date
13 February 2013
Case Number
CIV/T 339 of 2012
Procedural Posture
Application for Rescission of Default Judgment / Judgment on Application for Rescission
Outcome
Application for rescission granted
Legal Topics
Rescission of Judgment, Absolution From the Instance, Default Judgment, Res Judicata
Source Language
English
Civil Procedure Rescission of Judgment Absolution From the Instance Default Judgment Res Judicata

Case Brief

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Parties

‘Matau Monethi

Applicant

Tau Monethi

Applicant

Naleli Tekane

Applicant

Mothebesoane Makoane

Applicant

Likolobe Tsietsi

Respondent

Messenger of Court

Respondent

Procedural Posture

Application for Rescission of Default Judgment / Judgment on Application for Rescission

Legal Issues

  1. 1 Whether absolution from the instance is a final decision
  2. 2 Whether res judicata can be pleaded where absolution from the instance was granted
  3. 3 Requirements for granting application for rescission

Ratio Decidendi

Absolution from the instance is not a final judgment and does not preclude a fresh application; the applicants satisfied the requirements for rescission as the default was not willful, there was a bona fide defence, and the delay was not unreasonable.

Court Disposition

Application for rescission granted

Orders

  • Rescission of default judgment granted
  • Costs will be costs in the course