Kolisang v Rantso (CIV/APN/0101/2022) [2022] LSHC 133 (3 November 2022)

The applicant failed to demonstrate any gross irregularity or prejudice resulting from the joinder of the 4th respondent; the challenge was to the merits, not the procedure, and thus not reviewable.

Citation: [2022] LSHC 133
Parties: Applicant: Refiloe Kolisang; 1st Respondent: Her Worship Mrs Rant’so; 2nd Respondent: Clerk of Court - Maseru Magistrate Court; 3rd Respondent: Thato Kolisang; 4th Respondent: Peete Libe (Executor – Late Estate Lineo Kolisang)
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 3 November 2022
Case Number: CIV/APN/0101/2022
Procedural Posture: Review Application / Judgment
Outcome: Application dismissed
Legal Topics: Review of Magistrate's Decision, Joinder of Parties, Ejectment Proceedings, Locus Standi
Source Language: English

Civil Procedure Review of Magistrate's Decision Joinder of Parties Ejectment Proceedings Locus Standi

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Parties

Refiloe Kolisang

Applicant

Her Worship Mrs Rant’so

1st Respondent

Clerk of Court - Maseru Magistrate Court

2nd Respondent

Thato Kolisang

3rd Respondent

Peete Libe (Executor – Late Estate Lineo Kolisang)

4th Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

1 Whether the decision of the Magistrate to join the executor as co-plaintiff in ejectment proceedings is reviewable
2 Whether there was a gross irregularity or prejudice justifying review

Ratio Decidendi

The applicant failed to demonstrate any gross irregularity or prejudice resulting from the joinder of the 4th respondent; the challenge was to the merits, not the procedure, and thus not reviewable.

Court Disposition

Application dismissed

Orders

No order as to costs