Ntsoeu v Seleke (CIV/T 838 of 86) [1991] LSCA 159 (9 December 1991)

Ntsoeu v Seleke (CIV/T 838 of 86) [1991] LSCA 159 (9 December 1991)

The default judgment was erroneously granted due to non-compliance with service requirements and the existence of a bona fide defence, as the acknowledgment of debt was not signed by the applicant and there was no evidence linking the respondent to Mothusi Pawn-Shop.

Citation
[1991] LSCA 159
Parties
Plaintiff: Sechaba Ntsoeu; Defendant: Thaele Seleke
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
9 December 1991
Case Number
CIV/T 838 of 86
Procedural Posture
Application for Rescission of Default Judgment / Judgment
Outcome
application granted
Legal Topics
Rescission of Judgment, Service of Process, Acknowledgment of Debt
Source Language
English
Civil Procedure Rescission of Judgment Service of Process Acknowledgment of Debt

Case Brief

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Parties

Sechaba Ntsoeu

Plaintiff

Thaele Seleke

Defendant

Procedural Posture

Application for Rescission of Default Judgment / Judgment

Legal Issues

  1. 1 Whether the default judgment should be rescinded due to improper service of summons
  2. 2 Whether the applicant has a bona fide defence to the claim

Ratio Decidendi

The default judgment was erroneously granted due to non-compliance with service requirements and the existence of a bona fide defence, as the acknowledgment of debt was not signed by the applicant and there was no evidence linking the respondent to Mothusi Pawn-Shop.

Court Disposition

application granted

Orders

  • The application for rescission of default judgment is granted with costs.