Ramabusa and Another v Mohajane (CIV/A 24 of 91) [1996] LSHC 65 (18 June 1996)

The applicants breached mandatory court rules regarding time limits for filing processes and failed to provide a valid defence or sufficient evidence to justify rescission of the default judgment. The trial court was correct in dismissing the application for rescission, but the damages awarded were reduced to reflect only what was substantiated by evidence.

Citation: [1996] LSHC 65
Parties: 1st Applicant: Kunate Boy Ramabusa; 2nd Applicant: Teboho Ramabusa; Respondent: Morale Mohajane
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 18 June 1996
Case Number: CIV/A 24 of 91
Procedural Posture: Civil Appeal / Appeal From Subordinate Court Decision on Rescission of Default Judgment
Outcome: Appeal dismissed with costs. Damages recoverable to plaintiff reduced to M554-00.
Legal Topics: Rescission of Default Judgment, Assault, Damages, Court Rules
Source Language: English

Civil Procedure Tort Law Rescission of Default Judgment Assault Damages Court Rules

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Parties

Kunate Boy Ramabusa

1st Applicant

Teboho Ramabusa

2nd Applicant

Morale Mohajane

Respondent

Procedural Posture

Civil Appeal / Appeal From Subordinate Court Decision on Rescission of Default Judgment

Legal Issues

1 Whether the Subordinate Court erred in dismissing the application for rescission of default judgment
2 Whether the defendants were in wilful default
3 Whether the damages awarded were excessive

Ratio Decidendi

Court Disposition

Appeal dismissed with costs. Damages recoverable to plaintiff reduced to M554-00.

Orders

Appeal dismissed with costs
Damages to plaintiff set at M554-00: M500-00 general damages, M54-00 medical expenses