Mokaeane v Palime (CIV/T/351/2021) [2022] LSHC 110 (29 June 2022)

Mokaeane v Palime (CIV/T/351/2021) [2022] LSHC 110 (29 June 2022)

The applicant failed to establish that the order dismissing the rescission application was erroneously granted as required by Rule 45(1)(a); the application was not urgent; and neither counsel had authority to institute or oppose the application on behalf of the parties. The application for rescission was therefore dismissed.

Citation
[2022] LSHC 110
Parties
Applicant: Rethabile Mokaeane; Respondent: Lineo Palime
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 June 2022
Case Number
CIV/T/351/2021
Procedural Posture
Civil / Ruling on Application for Rescission of Order Dismissing Rescission Application
Outcome
application dismissed
Legal Topics
Rescission of Judgment, Authority of Counsel, Urgency in Applications, Default Judgment, Costs
Source Language
English
Civil Procedure Rescission of Judgment Authority of Counsel Urgency in Applications Default Judgment Costs

Case Brief

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Parties

Rethabile Mokaeane

Applicant

Lineo Palime

Respondent

Procedural Posture

Civil / Ruling on Application for Rescission of Order Dismissing Rescission Application

Legal Issues

  1. 1 Whether the order dismissing the rescission application was erroneously granted under Rule 45(1)(a)
  2. 2 Whether the application was urgent
  3. 3 Whether counsel had authority to institute or oppose the application

Ratio Decidendi

The applicant failed to establish that the order dismissing the rescission application was erroneously granted as required by Rule 45(1)(a); the application was not urgent; and neither counsel had authority to institute or oppose the application on behalf of the parties. The application for rescission was therefore dismissed.

Court Disposition

application dismissed

Orders

  • Application for rescission is dismissed.
  • Each party to bear its own costs.