Leoma v Officer Commanding VTD (CIV/APN 17 of 18) [2018] LSHC 5 (26 June 2018)

Leoma v Officer Commanding VTD (CIV/APN 17 of 18) [2018] LSHC 5 (26 June 2018)

The respondents' withdrawal of points of law and subsequent filing of an answering affidavit was an irregular procedure that prejudiced the applicant and contravened the rules. The answering affidavit was struck out and the matter was ordered to proceed on the original points of law.

Source-derived case information.

Citation
[2018] LSHC 5
Parties
Applicant: Moluoane Henry Leoma; 1st Respondent: O/C RCTS; 2nd Respondent: Commissioner of Police; 3rd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
26 June 2018
Case Number
CIV/APN 17 of 18
Procedural Posture
Interlocutory Application / Ruling on Irregular Proceedings and Striking Out Affidavit
Outcome
Application granted with costs
Legal Topics
Irregular Proceedings, Affidavit Filing Procedures, Points of Law, Rule 8(10)(c), Rule 30
Source Language
english
Civil Procedure Irregular Proceedings Affidavit Filing Procedures Points of Law Rule 8(10)(c) Rule 30

Source-derived case record

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Parties

Moluoane Henry Leoma

Applicant

O/C RCTS

1st Respondent

Commissioner of Police

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Interlocutory Application / Ruling on Irregular Proceedings and Striking Out Affidavit

Legal Issues

  1. 1 Whether the respondents' withdrawal of points of law and late filing of an answering affidavit was irregular
  2. 2 Whether the answering affidavit should be struck out as an abuse of process

Ratio Decidendi

The respondents' withdrawal of points of law and subsequent filing of an answering affidavit was an irregular procedure that prejudiced the applicant and contravened the rules. The answering affidavit was struck out and the matter was ordered to proceed on the original points of law.

Court Disposition

Application granted with costs

Orders

  • Application is granted with costs.
  • Respondents are directed to argue the matter as it originally was in terms of the points of law raised.