Shelter Development and Construction v Bochabela Nu Build (CIV/T 631 of 88) [1989] LSCA 117 (25 September 1989)

Shelter Development and Construction v Bochabela Nu Build (CIV/T 631 of 88) [1989] LSCA 117 (25 September 1989)

The sum of M13,618-38 was not paid in reduction of the claim in the summons but for a separate transaction. The default judgment should be varied to reflect the correct outstanding amount. The judgment already held by the plaintiff is sufficient security for costs, and no further security is required.

Citation
[1989] LSCA 117
Parties
Plaintiff: Shelter Development and Construction; Defendant: Bochabela Nu Build
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
25 September 1989
Case Number
CIV/T 631 of 88
Procedural Posture
Civil / Application for Variation of Default Judgment
Outcome
application for variation of judgment granted; application for security for costs dismissed
Legal Topics
Variation of Judgment, Security for Costs, Default Judgment
Source Language
English
Civil Procedure Variation of Judgment Security for Costs Default Judgment

Case Brief

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Parties

Shelter Development and Construction

Plaintiff

Bochabela Nu Build

Defendant

Procedural Posture

Civil / Application for Variation of Default Judgment

Legal Issues

  1. 1 Whether the default judgment amount should be varied from M1,672-07 to M15,290-45
  2. 2 Whether the plaintiff should furnish security for costs

Ratio Decidendi

The sum of M13,618-38 was not paid in reduction of the claim in the summons but for a separate transaction. The default judgment should be varied to reflect the correct outstanding amount. The judgment already held by the plaintiff is sufficient security for costs, and no further security is required.

Court Disposition

application for variation of judgment granted; application for security for costs dismissed

Orders

  • Default judgment of 21st October, 1988 varied as prayed with costs
  • Defendant's application for plaintiff to furnish security for costs dismissed