Pay 'n Save v Kupuza (LC 25 of 8) [2012] LSLC 1 (9 January 2012)

Pay 'n Save v Kupuza (LC 25 of 8) [2012] LSLC 1 (9 January 2012)

The applicant advanced a plausible reason for default and showed a bona fide defence. The respondent failed to controvert the applicant's claim of non-service or rebut the defence. The requirements for rescission were met.

Citation
[2012] LSLC 1
Parties
Applicant: Pay 'N Save; Respondent: Nthabiseng Kupuza
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
9 January 2012
Case Number
LC 25 of 8
Procedural Posture
Rescission Application / Judgment
Outcome
rescission application granted
Legal Topics
Rescission of Judgment, Default Judgment, Unfair Dismissal, Service of Process
Source Language
English
Labour Law Rescission of Judgment Default Judgment Unfair Dismissal Service of Process

Case Brief

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Parties

Pay 'N Save

Applicant

Nthabiseng Kupuza

Respondent

Procedural Posture

Rescission Application / Judgment

Legal Issues

  1. 1 Whether the applicant provided a reasonable explanation for default
  2. 2 Whether the applicant has a bona fide defence with prospects of success
  3. 3 Whether the respondent controverted the applicant's grounds for rescission

Ratio Decidendi

The applicant advanced a plausible reason for default and showed a bona fide defence. The respondent failed to controvert the applicant's claim of non-service or rebut the defence. The requirements for rescission were met.

Court Disposition

rescission application granted

Orders

  • Judgment by default dated 18th August 2009 is rescinded
  • No order as to costs