Makhetha v Molelekoa (CIV/A 5 of 83) [1986] LSCA 14 (7 March 1986)

Defendant was properly notified of the hearing date and failed to attend due to personal reasons, not insufficient notice; the court was justified in entering default judgment under Rule 44(1).

Citation: [1986] LSCA 14
Parties: Appellant: Phamotse Makhetha; Respondent: Leepile Molelekoa
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 7 March 1986
Case Number: CIV/A 5 of 83
Procedural Posture: Civil Appeal / Final Appellate Judgment
Outcome: appeal dismissed
Legal Topics: Default Judgment, Notice of Hearing, Court Rules
Source Language: English

Civil Procedure Default Judgment Notice of Hearing Court Rules

Case Brief

Summary, issues, holding and outcome

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Parties

Phamotse Makhetha

Appellant

Leepile Molelekoa

Respondent

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

1 Whether the defendant was given sufficient notice of the hearing date as required by Rule 33(b) of Government Notice No. 21 of 1961
2 Whether the defendant's failure to comply with Rules 39 and 40 of Government Notice No. 21 of 1961 could be considered legal

Ratio Decidendi

Defendant was properly notified of the hearing date and failed to attend due to personal reasons, not insufficient notice; the court was justified in entering default judgment under Rule 44(1).

Court Disposition

appeal dismissed

Orders

Appeal dismissed with costs.