PT Ratalane Contsruction (PTY) Ltd V Ministry of Agriculture and Food Security & Ano. (CCT/0218/2024) [2024] LSHC 251 (11 December 2024)

PT Ratalane Contsruction (PTY) Ltd V Ministry of Agriculture and Food Security & Ano. (CCT/0218/2024) [2024] LSHC 251 (11 December 2024)

The 1st defendant disclosed material facts and grounds for a bona fide defence (alleged defects in construction work), satisfying the requirements to resist summary judgment; thus, the application is dismissed.

Citation
[2024] LSHC 251
Parties
Plaintiff: P T Ratalane Construction (Pty) Ltd; 1st Defendant: Ministry of Agriculture and Food Security; 2nd Defendant: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 December 2024
Case Number
CCT/0218/2024
Procedural Posture
Civil / Summary Judgment Application
Outcome
application dismissed
Legal Topics
Summary Judgment, Construction Contracts, Defences to Summary Judgment, Transitional Rules
Source Language
English

Case Brief

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Parties

P T Ratalane Construction (Pty) Ltd

Plaintiff

Ministry of Agriculture and Food Security

1st Defendant

Attorney General

2nd Defendant

Procedural Posture

Civil / Summary Judgment Application

  1. 1 Whether the defendant disclosed material facts constituting a bona fide defence to summary judgment
  2. 2 Whether the summary judgment procedure under old or new rules applies

Ratio Decidendi

The 1st defendant disclosed material facts and grounds for a bona fide defence (alleged defects in construction work), satisfying the requirements to resist summary judgment; thus, the application is dismissed.

Court Disposition

application dismissed

Orders

  • The application is dismissed with no order as to costs.