Solwandle v Security Lesotho (PTY) Ltd (CIV/T 544 of 2020) [2021] LSHC 26 (6 May 2021)

Solwandle v Security Lesotho (PTY) Ltd (CIV/T 544 of 2020) [2021] LSHC 26 (6 May 2021)

The High Court has jurisdiction to enforce the settlement agreement as it is a contract independent of the original employment dispute. The defendant failed to disclose any factual basis for the alleged duress or prescription, and cannot raise defences to the original cause of action when sued on the compromise. Summary judgment is therefore granted.

Citation
[2021] LSHC 26
Parties
Plaintiff: Mojalefa Solwandle; Defendant: Security Lesotho (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
6 May 2021 11 November 2021 6 May 2021
Case Number
CIV/T 544 of 2020
Procedural Posture
Civil / Summary Judgment Application
Outcome
Summary judgment granted for the plaintiff with costs.
Legal Topics
Enforcement of Settlement Agreements, Summary Judgment, Jurisdiction, Labour Disputes, Compromise Agreements
Source Language
English
Contract Law Civil Procedure Enforcement of Settlement Agreements Summary Judgment Jurisdiction Labour Disputes Compromise Agreements

Case Brief

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Parties

Mojalefa Solwandle

Plaintiff

Security Lesotho (Pty) Ltd

Defendant

Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 Whether the High Court has jurisdiction to enforce a settlement agreement arising from a labour dispute
  2. 2 Whether the defendant disclosed a bona fide defence to resist summary judgment
  3. 3 Whether defences to the original cause of action can be raised when sued on a compromise agreement

Ratio Decidendi

The High Court has jurisdiction to enforce the settlement agreement as it is a contract independent of the original employment dispute. The defendant failed to disclose any factual basis for the alleged duress or prescription, and cannot raise defences to the original cause of action when sued on the compromise. Summary judgment is therefore granted.

Court Disposition

Summary judgment granted for the plaintiff with costs.

Orders

  • Defendant to pay M43,654.04 to the plaintiff.
  • Defendant to pay mora interest at 11.5% per annum from 30 September 2019 to date of final payment.