Symanthech Holdings v Machai Construction (Pty) Ltd (CCA/0110/2020) [2023] LSHC 20 (4 May 2023)

Symanthech Holdings v Machai Construction (Pty) Ltd (CCA/0110/2020) [2023] LSHC 20 (4 May 2023)

Applicant failed to make out a case for the specific reliefs sought due to evidentiary deficiencies and contradictions, but in the interests of justice and based on the parties' apparent agreement to share profits and losses, the court ordered equal division of the proceeds.

Citation
[2023] LSHC 20
Parties
Applicant: Symantech Holdings; 1st Respondent: Machai Construction (Pty) Ltd; 2nd Respondent: Lesotho National Development Corporation; 3rd Respondent: `Mamahe Machai; 4th Respondent: Mahe Machai
Court
High Court
Jurisdiction
Lesotho
Judgment Date
4 May 2023
Case Number
CCA/0110/2020
Procedural Posture
Civil (commercial Division) / Judgment After Opposed Motion
Outcome
Proceeds to be shared equally between applicant and 1st respondent; each party to bear its own costs.
Legal Topics
Hearsay Evidence, Loan Agreements, Profit and Loss Sharing, Power of Attorney, Costs
Source Language
English
Civil Procedure Contract Law Hearsay Evidence Loan Agreements Profit and Loss Sharing Power of Attorney Costs

Case Brief

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Parties

Symantech Holdings

Applicant

Machai Construction (Pty) Ltd

1st Respondent

Lesotho National Development Corporation

2nd Respondent

`Mamahe Machai

3rd Respondent

Mahe Machai

4th Respondent

Procedural Posture

Civil (commercial Division) / Judgment After Opposed Motion

Legal Issues

  1. 1 Whether the applicant made out a case for the relief sought
  2. 2 Admissibility of hearsay evidence in affidavits
  3. 3 Entitlement to payment under alleged loan or profit-sharing agreement

Ratio Decidendi

Applicant failed to make out a case for the specific reliefs sought due to evidentiary deficiencies and contradictions, but in the interests of justice and based on the parties' apparent agreement to share profits and losses, the court ordered equal division of the proceeds.

Court Disposition

Proceeds to be shared equally between applicant and 1st respondent; each party to bear its own costs.

Orders

  • 2nd Respondent to pay Applicant and 1st Respondent in equal shares the amount of M245,553.63.
  • Payments to be made into bank accounts provided by each party.