Rametse and Others v First Rand Bank Limited and Another (CCT 43 of 2010) [2011] LSHC 105 (23 May 2011)

Rametse and Others v First Rand Bank Limited and Another (CCT 43 of 2010) [2011] LSHC 105 (23 May 2011)

The applicant has no arguable defence to the respondent's claim, admits liability and breach, and the circumstances do not warrant recission of the default judgment.

Citation
[2011] LSHC 105
Parties
Applicant: Motlatsi John Rametse; Applicant: Unique Computers (Pty) Ltd; Applicant: Tiloane Rametse; Respondent: First Rand Bank Limited; Respondent: Deputy Sheriff (T Mokhothu)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
23 May 2011
Case Number
CCT 43 of 2010
Procedural Posture
Application for Recission of Default Judgment / Judgment on Application for Recission
Outcome
application dismissed
Legal Topics
Recission of Default Judgment, Confession of Debt, Mortgage Bond Enforcement
Source Language
English
Civil Procedure Contract Law Banking Law Recission of Default Judgment Confession of Debt Mortgage Bond Enforcement

Case Brief

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Parties

Motlatsi John Rametse

Applicant

Unique Computers (Pty) Ltd

Applicant

Tiloane Rametse

Applicant

First Rand Bank Limited

Respondent

Deputy Sheriff (T Mokhothu)

Respondent

Procedural Posture

Application for Recission of Default Judgment / Judgment on Application for Recission

Legal Issues

  1. 1 Whether the applicant has an arguable defence to justify recission of default judgment
  2. 2 Whether the confession of debt was improperly obtained

Ratio Decidendi

The applicant has no arguable defence to the respondent's claim, admits liability and breach, and the circumstances do not warrant recission of the default judgment.

Court Disposition

application dismissed

Orders

  • Applicant to pay the respondent bank’s costs to be taxed if not agreed