Malapane v Mohale and Others (LC/APN 97 of 2013) [2015] LSHC 20 (2 March 2015)

Malapane v Mohale and Others (LC/APN 97 of 2013) [2015] LSHC 20 (2 March 2015)

The second respondent failed to attend court and prosecute her defence without justifiable reason, despite repeated opportunities and the court's accommodation. The applicant is entitled to proceed with the case under Rule 55(2) of the Land Court Rules, 2012.

Citation
[2015] LSHC 20
Parties
Applicant: Molefi Malapane; 1st Respondent: Tefo Mohale; 2nd Respondent: 'Mamohato Mohale; 3rd Respondent: Standard Lesotho Bank; 4th Respondent: FNB Bank Lesotho; 5th Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
2 March 2015
Case Number
LC/APN 97 of 2013
Procedural Posture
Land Dispute / Interlocutory Ruling on Non Attendance and Prosecution of Defence
Outcome
Applicant allowed to proceed with the case in the absence of the second respondent under Rule 55(2). No order as to costs. Matter postponed to 9th March 2015.
Legal Topics
Declaratory Orders, Ejectment, Failure to Attend Court, Postponement of Proceedings
Source Language
English
Land Law Civil Procedure Declaratory Orders Ejectment Failure to Attend Court Postponement of Proceedings

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Parties

Molefi Malapane

Applicant

Tefo Mohale

1st Respondent

'Mamohato Mohale

2nd Respondent

Standard Lesotho Bank

3rd Respondent

FNB Bank Lesotho

4th Respondent

Land Administration Authority

5th Respondent

Procedural Posture

Land Dispute / Interlocutory Ruling on Non Attendance and Prosecution of Defence

Legal Issues

  1. 1 Whether the second respondent's failure to attend court and prosecute her defence justifies proceeding in her absence
  2. 2 Whether the applicant is entitled to proceed under Rule 55(2) of the Land Court Rules, 2012

Ratio Decidendi

The second respondent failed to attend court and prosecute her defence without justifiable reason, despite repeated opportunities and the court's accommodation. The applicant is entitled to proceed with the case under Rule 55(2) of the Land Court Rules, 2012.

Court Disposition

Applicant allowed to proceed with the case in the absence of the second respondent under Rule 55(2). No order as to costs. Matter postponed to 9th March 2015.

Orders

  • Applicant to proceed with the case under Rule 55(2) of the Land Court Rules, 2012
  • No order as to costs