Network of Excellence Consortium Agreement (NECA) V Kata (CCT/0496/2021) [2023] LSHC 148 (30 November 2023)

Network of Excellence Consortium Agreement (NECA) V Kata (CCT/0496/2021) [2023] LSHC 148 (30 November 2023)

The default judgment was erroneously granted in the absence of the defendant who was not served with the notice of set down, violating procedural fairness. The application for rescission is allowed under Rule 45(1)(a) as the order was sought and granted erroneously.

Citation
[2023] LSHC 148
Parties
Applicant: Network of Excellence Consortium Agreement (NECA); Respondent: Hlalefang Kata
Court
High Court
Jurisdiction
Lesotho
Judgment Date
30 November 2023
Case Number
CCT/0496/2021
Procedural Posture
Civil / Application for Rescission of Default Judgment
Outcome
Application for rescission of default judgment granted with costs.
Legal Topics
Default Judgment, Rescission of Judgment, Service of Process, Bar to Pleadings
Source Language
English
Civil Procedure Default Judgment Rescission of Judgment Service of Process Bar to Pleadings

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Parties

Network of Excellence Consortium Agreement (NECA)

Applicant

Hlalefang Kata

Respondent

Procedural Posture

Civil / Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be rescinded due to lack of service of notice of set down
  2. 2 Whether the defendant's application for rescission while under bar is procedurally irregular
  3. 3 Whether the defendant provided a reasonable explanation for default and showed bona fide defence

Ratio Decidendi

The default judgment was erroneously granted in the absence of the defendant who was not served with the notice of set down, violating procedural fairness. The application for rescission is allowed under Rule 45(1)(a) as the order was sought and granted erroneously.

Court Disposition

Application for rescission of default judgment granted with costs.

Orders

  • Default judgment set aside
  • Applicant awarded costs