Pannar Seed (Pty) Ltd v Malefiloane General Dealer (CIV/T 110 of 7) [2010] LSHC 103 (17 August 2010)

Pannar Seed (Pty) Ltd v Malefiloane General Dealer (CIV/T 110 of 7) [2010] LSHC 103 (17 August 2010)

The point in limine on lack of authority was dismissed as proof of authority by formal resolution is not a strict requirement where facts show authority. The late filing of the declaration was an irregular step but did not warrant striking out as it would only delay proceedings further; costs were ordered against the Plaintiff for the irregularity.

Citation
[2010] LSHC 103
Parties
Plaintiff: Pannar Seed (Lesotho) (Pty) Ltd; Defendant: Malefiloane General Dealer
Court
High Court
Jurisdiction
Lesotho
Judgment Date
17 August 2010
Case Number
CIV/T 110 of 7
Procedural Posture
Civil / Interlocutory Application; Ruling on Point in Limine and Application to Strike Out Declaration
Outcome
Application to strike out declaration dismissed; costs awarded against Plaintiff.
Legal Topics
Authority to Depose Affidavit, Late Filing of Declaration, Irregular Proceedings, Costs
Source Language
English
Civil Procedure Authority to Depose Affidavit Late Filing of Declaration Irregular Proceedings Costs

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 6 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Pannar Seed (Lesotho) (Pty) Ltd

Plaintiff

Malefiloane General Dealer

Defendant

Procedural Posture

Civil / Interlocutory Application; Ruling on Point in Limine and Application to Strike Out Declaration

Legal Issues

  1. 1 Whether the deponent had authority to depose to the affidavit on behalf of the Plaintiff
  2. 2 Whether the Plaintiff's declaration was filed out of time and constitutes an irregular step warranting striking out

Ratio Decidendi

The point in limine on lack of authority was dismissed as proof of authority by formal resolution is not a strict requirement where facts show authority. The late filing of the declaration was an irregular step but did not warrant striking out as it would only delay proceedings further; costs were ordered against the Plaintiff for the irregularity.

Court Disposition

Application to strike out declaration dismissed; costs awarded against Plaintiff.

Orders

  • Plaintiff to pay costs of the application