Tsotetsi v Lesotho Highlands Development Authority (CIV/APN 445 of 99) [2000] LSCA 91 (4 May 2000)

Tsotetsi v Lesotho Highlands Development Authority (CIV/APN 445 of 99) [2000] LSCA 91 (4 May 2000)

The default judgment was granted in error due to the applicant's failure to comply with mandatory procedural requirements, specifically Form 'J' and Rule 8(7), and the respondent was not given a fair opportunity to oppose; therefore, rescission is warranted.

Citation
[2000] LSCA 91
Parties
Applicant: Raphael Tsotetsi; Respondent: Lesotho Highlands Development Authority
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
4 May 2000
Case Number
CIV/APN 445 of 99
Procedural Posture
Application for Rescission of Judgment / Ruling on Application for Rescission of Default Judgment
Outcome
application for rescission of judgment granted
Legal Topics
Rescission of Judgment, Default Judgment, Compliance With Court Rules, Audi Alteram Partem
Source Language
English
Civil Procedure Rescission of Judgment Default Judgment Compliance With Court Rules Audi Alteram Partem

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 3 Authorities cited 10 Party arguments 2
Sign in to unlock

Parties

Raphael Tsotetsi

Applicant

Lesotho Highlands Development Authority

Respondent

Procedural Posture

Application for Rescission of Judgment / Ruling on Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether the default judgment should be rescinded due to procedural irregularities and non-compliance with court rules
  2. 2 Whether the respondent was prejudiced by the applicant's failure to comply with Form 'J' and Rule 8(7) of the High Court Rules 1980

Ratio Decidendi

The default judgment was granted in error due to the applicant's failure to comply with mandatory procedural requirements, specifically Form 'J' and Rule 8(7), and the respondent was not given a fair opportunity to oppose; therefore, rescission is warranted.

Court Disposition

application for rescission of judgment granted

Orders

  • Rescission of judgment is granted.
  • Each party to pay its own costs.