Letoao v Sehapi (CIV/T 600 of 88) [1990] LSCA 151 (24 September 1990)

Letoao v Sehapi (CIV/T 600 of 88) [1990] LSCA 151 (24 September 1990)

The applicant demonstrated that his default was not willful and that he has a bona fide defence. The disputed facts require a trial for resolution.

Citation
[1990] LSCA 151
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, Vehicle Sale Dispute
Source Language
English
Civil Procedure Contract Law Rescission of Judgment Leave to Defend Breach of Contract Vehicle Sale Dispute

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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. 1 Whether the applicant's default was willful
  2. 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. The disputed facts require a trial for resolution.

Court Disposition

Application granted

Orders

  • Application for rescission of judgment and leave to defend is granted as prayed
  • Applicant to file plea within twenty-one days from the date of judgment