Masupha v Lesotho National General Insurance Co. Ltd. (CIV/APN 136 of 97) [2000] LSCA 50 (21 August 2000)

Masupha v Lesotho National General Insurance Co. Ltd. (CIV/APN 136 of 97) [2000] LSCA 50 (21 August 2000)

The court has no power or discretion under the Motor Vehicle Insurance Order 1972 to condone non-compliance with its prescriptive provisions. The applicant's claim is prescribed and unenforceable, and the application must be dismissed.

Citation
[2000] LSCA 50
Parties
Applicant: Pius Teboho Ntjamasupha; Respondent: Lesotho National General Insurance Co. Ltd.
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
21 August 2000
Case Number
CIV/APN 136 of 97
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs.
Legal Topics
Motor Vehicle Insurance, Prescription of Claims, Court Discretion, Condonation of Late Filing
Source Language
English
Insurance Law Civil Procedure Motor Vehicle Insurance Prescription of Claims Court Discretion Condonation of Late Filing

Case Brief

Summary, issues, holding and outcome

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Parties

Pius Teboho Ntjamasupha

Applicant

Lesotho National General Insurance Co. Ltd.

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the court can condone non-compliance with the prescriptive provisions of the Motor Vehicle Insurance Order 1972
  2. 2 Whether the applicant's claim is prescribed and unenforceable under the applicable law

Ratio Decidendi

The court has no power or discretion under the Motor Vehicle Insurance Order 1972 to condone non-compliance with its prescriptive provisions. The applicant's claim is prescribed and unenforceable, and the application must be dismissed.

Court Disposition

Application dismissed with costs.

Orders

  • The application is dismissed with costs.