Omnia Fertilizer Ltd v Abubaker (CIV/T 79 of 86) [1986] LSCA 149 (10 November 1986)

Omnia Fertilizer Ltd v Abubaker (CIV/T 79 of 86) [1986] LSCA 149 (10 November 1986)

The defendant's exception was filed out of time, after service of a Notice to file plea, and is therefore an irregular proceeding. The rules do not provide for a special barring procedure as argued by the defendant.

Citation
[1986] LSCA 149
Parties
Plaintiff: Omnia Fertilizer Ltd; Defendant: M. A. Abubaker
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
10 November 1986
Case Number
CIV/T 79 of 86
Procedural Posture
Civil / Ruling on Exception
Outcome
exception dismissed with costs
Legal Topics
Exceptions, Pleadings, Timeliness of Filings, Irregular Proceedings
Source Language
English
Civil Procedure Exceptions Pleadings Timeliness of Filings Irregular Proceedings

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Omnia Fertilizer Ltd

Plaintiff

M. A. Abubaker

Defendant

Procedural Posture

Civil / Ruling on Exception

Legal Issues

  1. 1 Whether the defendant's exception to the plaintiff's declaration was filed out of time and is therefore irregular
  2. 2 Whether the rules require a special barring procedure before a party is barred from filing an exception

Ratio Decidendi

The defendant's exception was filed out of time, after service of a Notice to file plea, and is therefore an irregular proceeding. The rules do not provide for a special barring procedure as argued by the defendant.

Court Disposition

exception dismissed with costs

Orders

  • Defendant must file plea within fourteen days or apply for removal of bar under Rule 26(4) of the High Court Rules 1980