Ntholeng Molefi and Expomix Properies (LC/APN 12 of 14) [2014] LSHC 10 (21 March 2014)

Ntholeng Molefi and Expomix Properies (LC/APN 12 of 14) [2014] LSHC 10 (21 March 2014)

The applicant, having fully paid the purchase price and not received the site or a refund, is entitled to judgment by default for refund of the purchase price with interest, as the respondents failed to perform their contractual obligations and did not appear or defend the application.

Citation
[2014] LSHC 10
Parties
Applicant: Ntholeng Molefi; 1st Respondent: Expomix Properties; 2nd Respondent: Thabelang Thants’i; 3rd Respondent: Mosheoa Mokete
Court
High Court
Jurisdiction
Lesotho
Judgment Date
21 March 2014
Case Number
LC/APN 12 of 14
Procedural Posture
Originating Application / Judgment by Default
Outcome
Application granted by default against respondents with costs.
Legal Topics
Specific Performance, Sale of Land, Refund of Purchase Price, Non Performance of Contract
Source Language
English
Contract Law Property Law Specific Performance Sale of Land Refund of Purchase Price Non Performance of Contract

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Parties

Ntholeng Molefi

Applicant

Expomix Properties

1st Respondent

Thabelang Thants’i

2nd Respondent

Mosheoa Mokete

3rd Respondent

Procedural Posture

Originating Application / Judgment by Default

Legal Issues

  1. 1 Whether the applicant is entitled to specific performance or refund due to non-delivery of the site after full payment
  2. 2 Whether the respondents breached the sale agreement by failing to deliver the site or refund the purchase price

Ratio Decidendi

The applicant, having fully paid the purchase price and not received the site or a refund, is entitled to judgment by default for refund of the purchase price with interest, as the respondents failed to perform their contractual obligations and did not appear or defend the application.

Court Disposition

Application granted by default against respondents with costs.

Orders

  • Respondents to refund M23,000.00 to applicant within 30 days of judgment or deliver the site as per contract.
  • Interest at 18% per annum from date of judgment on the refunded amount.