Letoao v Sehapi (CIV/T 600 of 88) [1990] LSCA 152 (24 September 1990)

The applicant demonstrated that his default was not willful and that he has a bona fide defence, warranting rescission of judgment and leave to defend.

Citation: [1990] LSCA 152
Parties: Applicant: Simon Letoao; Respondent: Teboho Sehapi
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 24 September 1990
Case Number: CIV/T 600 of 88
Procedural Posture: Application for Rescission of Judgment and Leave to Defend / Ruling on Application for Rescission and Leave to Defend
Outcome: Application granted
Legal Topics: Rescission of Judgment, Leave to Defend, Breach of Contract, Sale of Goods
Source Language: English

Civil Procedure Contract Law Rescission of Judgment Leave to Defend Breach of Contract Sale of Goods

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 1 Authorities cited 1 Party arguments 2 Amounts and remedies 3

Parties

Simon Letoao

Applicant

Teboho Sehapi

Respondent

Procedural Posture

Application for Rescission of Judgment and Leave to Defend / Ruling on Application for Rescission and Leave to Defend

Legal Issues

1 Whether the applicant's default in entering appearance to defend was willful
2 Whether the applicant has a bona fide defence to the respondent's claim

Ratio Decidendi

The applicant demonstrated that his default was not willful and that he has a bona fide defence, warranting rescission of judgment and leave to defend.

Court Disposition

Application granted

Orders

Application for rescission of judgment and leave to defend is granted as prayed.
Costs shall be costs in the cause.