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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether the defendant disclosed material facts constituting a bona fide defence to summary judgment
- 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.
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