Maseko v Soere (CIV/APN 242 of 97) [1997] LSHC 73 (9 September 1997)

Maseko v Soere (CIV/APN 242 of 97) [1997] LSHC 73 (9 September 1997)

A final restoration order cannot be granted ex parte without affording the respondent a hearing via rule nisi; applicant failed to comply with procedural rules and concealed material facts, demonstrating bad faith and lack of urgency.

Citation
[1997] LSHC 73
Parties
Applicant: Samuel Maseko; Respondent: Maboithatelo Soere
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 September 1997
Case Number
CIV/APN 242 of 97
Procedural Posture
Spoliation Application / Final Judgment
Outcome
Rule discharged with costs against applicant.
Legal Topics
Mandament Van Spolie, Audi Alteram Partem, Urgency in Motion Proceedings, Rule Nisi, Bad Faith in Affidavits
Source Language
English
Civil Procedure Property Law Mandament Van Spolie Audi Alteram Partem Urgency in Motion Proceedings Rule Nisi Bad Faith in Affidavits

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Samuel Maseko

Applicant

Maboithatelo Soere

Respondent

Procedural Posture

Spoliation Application / Final Judgment

Legal Issues

  1. 1 Whether a final restoration order can be granted ex parte without a rule nisi
  2. 2 Whether applicant complied with procedural rules, specifically Rule 8(22)
  3. 3 Whether deprivation of possession was unlawful

Ratio Decidendi

A final restoration order cannot be granted ex parte without affording the respondent a hearing via rule nisi; applicant failed to comply with procedural rules and concealed material facts, demonstrating bad faith and lack of urgency.

Court Disposition

Rule discharged with costs against applicant.

Orders

  • Rule nisi discharged.
  • Applicant to pay costs.