Nomngcongo v Mathibeli and Another (CIV/T 352 of 2010) [2011] LSHC 108 (20 April 2011)

Nomngcongo v Mathibeli and Another (CIV/T 352 of 2010) [2011] LSHC 108 (20 April 2011)

The judge rejected the grounds for recusal based on seniority or collegiality as unsustainable and contrary to legal principles, but agreed to recuse himself because he had already made a determination on the defamatory nature of the words published, which could prejudice the defendants if he proceeded to hear the...

Source-derived case information.

Citation
[2011] LSHC 108
Parties
Plaintiff: Mr Justice Thamsanqa Nomngcongo; 1st Defendant: Rev. Maleka Alphonse Mathibeli; 2nd Defendant: Mazenod Printing Works
Court
High Court
Jurisdiction
Lesotho
Judgment Date
20 April 2011
Case Number
CIV/T 352 of 2010
Procedural Posture
Civil / Ruling on Application for Rescission and Recusal
Outcome
Judgment rescinded by consent; judge recused; matter referred for reallocation.
Legal Topics
Rescission of Judgment, Judicial Recusal, Default Judgment, Defamation
Source Language
english
Civil Procedure Defamation Rescission of Judgment Judicial Recusal Default Judgment

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Parties

Mr Justice Thamsanqa Nomngcongo

Plaintiff

Rev. Maleka Alphonse Mathibeli

1st Defendant

Mazenod Printing Works

2nd Defendant

Procedural Posture

Civil / Ruling on Application for Rescission and Recusal

Legal Issues

  1. 1 Whether the default judgment should be rescinded by consent
  2. 2 Whether the judge should recuse himself on grounds of collegiality with the plaintiff

Ratio Decidendi

The judge rejected the grounds for recusal based on seniority or collegiality as unsustainable and contrary to legal principles, but agreed to recuse himself because he had already made a determination on the defamatory nature of the words published, which could prejudice the defendants if he proceeded to hear the merits.

Court Disposition

Judgment rescinded by consent; judge recused; matter referred for reallocation.

Orders

  • Judgment granted in favour of the plaintiff on 24 February 2011 is rescinded by consent.
  • No order as to costs.