Moseli Emmanuel Matholoane and Another v Nedbank (Lesotho) Limited and Another (CCT 189 of 2012) [2014] LSHC 27 (20 August 2014)
The court cannot order payment by instalments out of applicants' earnings where there is no agreement between the parties, and the execution creditor is entitled to levy execution after failure to settle the admitted sum.
- Citation
- [2014] LSHC 27
- Parties
- Applicant: Moseli Emmanuel Matholoane; Applicant: Adelina Ntsoaki Matholoane; Respondent: Nedbank (Lesotho) Limited; Respondent: Deputy Sheriff (Mt Lipholo)
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 20 August 2014
- Case Number
- CCT 189 of 2012
- Procedural Posture
- Application / Judgment
- Outcome
- application dismissed
- Legal Topics
- Stay of Execution, Consent Judgment, Instalment Payments, Execution of Judgment
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Moseli Emmanuel Matholoane
Applicant
Adelina Ntsoaki Matholoane
Applicant
Nedbank (Lesotho) Limited
Respondent
Deputy Sheriff (Mt Lipholo)
Respondent
Procedural Posture
Application / Judgment
Legal Issues
- 1 Whether the court can stay execution of a consent judgment
- 2 Whether the court can order payment by instalments where parties do not agree
Ratio Decidendi
The court cannot order payment by instalments out of applicants' earnings where there is no agreement between the parties, and the execution creditor is entitled to levy execution after failure to settle the admitted sum.
Court Disposition
application dismissed
Orders
- The interim interdict and rule nisi granted on 1st July 2014 is discharged.
- Costs are awarded to the respondents.
Full Case Text
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