Reco Financial Services (Pty) Ltd v Thulo (CCT/0006/2022) [2022] LSHC 137 (8 November 2022)

Reco Financial Services (Pty) Ltd v Thulo (CCT/0006/2022) [2022] LSHC 137 (8 November 2022)

The application for summary judgment was dismissed due to the applicant's failure to comply with the rules of court, including late filing and failure to attach the correct contract, without seeking condonation, resulting in prejudice to the respondent.

Citation
[2022] LSHC 137
Parties
Plaintiff: Reco Financial Services (Pty) Ltd; Defendant: Bataung Thulo
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 November 2022
Case Number
CCT/0006/2022
Procedural Posture
Civil / Ruling on Application for Summary Judgment
Outcome
application dismissed
Legal Topics
Summary Judgment, Non Compliance With Court Rules, Liquid Document, Condonation
Source Language
English
Civil Procedure Summary Judgment Non Compliance With Court Rules Liquid Document Condonation

Case Brief

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Parties

Reco Financial Services (Pty) Ltd

Plaintiff

Bataung Thulo

Defendant

Procedural Posture

Civil / Ruling on Application for Summary Judgment

Legal Issues

  1. 1 Whether the application for summary judgment should be granted despite non-compliance with the rules of court
  2. 2 Whether the document relied upon qualifies as a liquid document

Ratio Decidendi

The application for summary judgment was dismissed due to the applicant's failure to comply with the rules of court, including late filing and failure to attach the correct contract, without seeking condonation, resulting in prejudice to the respondent.

Court Disposition

application dismissed

Orders

  • Application for summary judgment is dismissed.
  • Costs shall be costs in the course.