Mpiti Molapo (CIV/APN 79 of 84) [1984] LSCA 26 (6 April 1984)

Mpiti Molapo (CIV/APN 79 of 84) [1984] LSCA 26 (6 April 1984)

The High Court cannot entertain an application for judicial management and stay of proceedings at common law without notice to creditors; the application does not fall within the Insolvency Proclamation and is not supported by cited authorities.

Citation
[1984] LSCA 26
Parties
Applicant: Mpiti Molapo
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
6 April 1984
Case Number
CIV/APN 79 of 84
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed
Legal Topics
Judicial Management, Stay of Proceedings, Common Law Powers
Source Language
English
Insolvency Law Civil Procedure Judicial Management Stay of Proceedings Common Law Powers

Case Brief

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Parties

Mpiti Molapo

Applicant

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the High Court can place a business under judicial management at common law outside the Insolvency Proclamation
  2. 2 Whether an ex parte application for stay of civil proceedings and execution is competent

Ratio Decidendi

The High Court cannot entertain an application for judicial management and stay of proceedings at common law without notice to creditors; the application does not fall within the Insolvency Proclamation and is not supported by cited authorities.

Court Disposition

Application dismissed

Orders

  • The High Court declines to act on the ex parte application.
  • Application can only be entertained, if at all, when creditors have notice.