Standard Lesotho Bank v Matsoso (CCA 64 of 2013) [2014] LSHC 85 (28 March 2014)

Standard Lesotho Bank v Matsoso (CCA 64 of 2013) [2014] LSHC 85 (28 March 2014)

All points in limine raised by the respondent are dismissed as the petitioner complied with the procedural requirements for sequestration, established locus standi, demonstrated jurisdiction, furnished security for costs, and justified urgency. The matter should proceed to determination on the merits.

Citation
[2014] LSHC 85
Parties
Petitioner: Standard Lesotho Bank; Respondent: ‘Mabotsang Matsoso
Court
High Court
Jurisdiction
Lesotho
Judgment Date
28 March 2014
Case Number
CCA 64 of 2013
Procedural Posture
Petition for Sequestration / Ruling on Points in Limine
Outcome
points in limine dismissed with costs
Legal Topics
Sequestration, Locus Standi, Non Joinder, Jurisdiction, Material Non Disclosure, Security for Costs, Urgency
Source Language
English
Insolvency Civil Procedure Sequestration Locus Standi Non Joinder Jurisdiction Material Non Disclosure Security for Costs +1 more

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Parties

Standard Lesotho Bank

Petitioner

‘Mabotsang Matsoso

Respondent

Procedural Posture

Petition for Sequestration / Ruling on Points in Limine

Legal Issues

  1. 1 Whether the petition is fatally defective for non-joinder of necessary parties
  2. 2 Whether the petitioner has locus standi to bring sequestration proceedings
  3. 3 Whether the court has jurisdiction to entertain the matter

Ratio Decidendi

All points in limine raised by the respondent are dismissed as the petitioner complied with the procedural requirements for sequestration, established locus standi, demonstrated jurisdiction, furnished security for costs, and justified urgency. The matter should proceed to determination on the merits.

Court Disposition

points in limine dismissed with costs

Orders

  • Points in limine raised by the respondent are dismissed with costs.
  • Parties to set the matter down for consideration of the merits.