RSMS Construction (PTY) LTD V BAXOLENI (PTY) LTD (CCA 9 of 2023) [2023] LSHC 214 (20 February 2023)

RSMS Construction (PTY) LTD V BAXOLENI (PTY) LTD (CCA 9 of 2023) [2023] LSHC 214 (20 February 2023)

The applicant failed to plead the quantum of the claim, making it impossible for the court to determine whether it had jurisdiction or whether the matter fell within the competence of the Magistrate Court. The court therefore declined jurisdiction.

Citation
[2023] LSHC 214
Parties
Applicant: RSMS Construction (Pty) Ltd; 1st Respondent: Baxoleni (Pty) Ltd; 2nd Respondent: The Sheriff – High Court; 3rd Respondent: Baxoleni & RSMS Construction Joint Venture
Court
High Court
Jurisdiction
Lesotho
Judgment Date
20 February 2023
Case Number
CCA 9 of 2023
Procedural Posture
Civil Application / Jurisdictional Challenge at Preliminary Stage
Outcome
Jurisdiction declined
Legal Topics
Attachment to Found or Confirm Jurisdiction, Monetary Jurisdiction, Jurisdictional Pleading Requirements
Source Language
English
Civil Procedure Attachment to Found or Confirm Jurisdiction Monetary Jurisdiction Jurisdictional Pleading Requirements

Case Brief

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Parties

RSMS Construction (Pty) Ltd

Applicant

Baxoleni (Pty) Ltd

1st Respondent

The Sheriff – High Court

2nd Respondent

Baxoleni & RSMS Construction Joint Venture

3rd Respondent

Procedural Posture

Civil Application / Jurisdictional Challenge at Preliminary Stage

Legal Issues

  1. 1 Whether the monetary jurisdiction of the court must be pleaded in an application for attachment to found or confirm jurisdiction
  2. 2 Whether the High Court has jurisdiction absent pleading of quantum

Ratio Decidendi

The applicant failed to plead the quantum of the claim, making it impossible for the court to determine whether it had jurisdiction or whether the matter fell within the competence of the Magistrate Court. The court therefore declined jurisdiction.

Court Disposition

Jurisdiction declined

Orders

  • The court declines jurisdiction.
  • Costs are awarded to the 1st Respondent.