Khasoane T/a Molemo Bricks v Letseng Diamond (CCA/0117/2022) [2022] LSHC 161 (23 November 2022)

Khasoane T/a Molemo Bricks v Letseng Diamond (CCA/0117/2022) [2022] LSHC 161 (23 November 2022)

The applicant failed to demonstrate genuine urgency as he could be afforded substantial redress in due course, specifically through a claim for damages. The application was an abuse of court process due to undue haste and lack of justification for urgency.

Citation
[2022] LSHC 161
Parties
Applicant: Molemo Khasoane t/a Molemo Bricks; Respondent: Lets’eng Diamonds
Court
High Court
Jurisdiction
Lesotho
Judgment Date
23 November 2022
Case Number
CCA/0117/2022
Procedural Posture
Civil / Ruling on Urgency
Outcome
Application struck off the urgent roll
Legal Topics
Urgent Applications, Interdicts, Abuse of Court Process
Source Language
English
Civil Procedure Urgent Applications Interdicts Abuse of Court Process

Case Brief

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Parties

Molemo Khasoane t/a Molemo Bricks

Applicant

Lets’eng Diamonds

Respondent

Procedural Posture

Civil / Ruling on Urgency

Legal Issues

  1. 1 Whether the matter is urgent and should be heard as such
  2. 2 Whether the applicant will be afforded substantial redress at a hearing in due course
  3. 3 Whether the application constitutes an abuse of court process

Ratio Decidendi

The applicant failed to demonstrate genuine urgency as he could be afforded substantial redress in due course, specifically through a claim for damages. The application was an abuse of court process due to undue haste and lack of justification for urgency.

Court Disposition

Application struck off the urgent roll

Orders

  • The application is struck off the urgent roll.
  • Costs shall be costs in the course.