Pheko v Makhanya and Others (CIV/T 313 of 2011) [2012] LSHC 21 (13 June 2012)

Pheko v Makhanya and Others (CIV/T 313 of 2011) [2012] LSHC 21 (13 June 2012)

The court found that in the interests of justice and fair hearing, the applicant should be allowed to defend the action. The delay in applying for rescission was condoned, and the rescission of the default judgment was granted, together with the interdicts sought.

Citation
[2012] LSHC 21
Parties
Applicant: Moletsane Pheko; 1st Respondent: Likotsi Makhanya; 2nd Respondent: Sterling Agencies (Pty) Ltd; 3rd Respondent: Deputy Sheriff (M. Pakisi); 4th Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
13 June 2012
Case Number
CIV/T 313 of 2011
Procedural Posture
Application for Rescission of Default Judgment and Interdict / Judgment on Application for Rescission and Interdict
Outcome
Application granted
Legal Topics
Rescission of Judgment, Interdicts, Default Judgment, Condonation
Source Language
English
Civil Procedure Rescission of Judgment Interdicts Default Judgment Condonation

Case Brief

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Parties

Moletsane Pheko

Applicant

Likotsi Makhanya

1st Respondent

Sterling Agencies (Pty) Ltd

2nd Respondent

Deputy Sheriff (M. Pakisi)

3rd Respondent

Land Administration Authority

4th Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether rescission of default judgment should be granted
  2. 2 Whether interdicts against transfer and collection of rent should be granted
  3. 3 Whether delay in applying for rescission should be condoned

Ratio Decidendi

The court found that in the interests of justice and fair hearing, the applicant should be allowed to defend the action. The delay in applying for rescission was condoned, and the rescission of the default judgment was granted, together with the interdicts sought.

Court Disposition

Application granted

Orders

  • Rescission of default judgment granted
  • Applicant allowed 14 days to enter appearance to defend