Molumo V Lesotho Police Staff (CCA/0143/2022) [2023] LSHC 253 (14 September 2023)

Molumo V Lesotho Police Staff (CCA/0143/2022) [2023] LSHC 253 (14 September 2023)

The applicant failed to satisfy the requirements for urgent relief under Rule 8(22) and did not establish a prima facie right to an interim interdict. The application was an abuse of the urgency procedure and was dismissed with costs on an attorney and client scale.

Citation
[2023] LSHC 253
Parties
Applicant: Teboho Molumo; 1st Respondent: Lesotho Police Staff Association; 2nd Respondent: NEC – Lesotho Police Staff Association; 3rd Respondent: The Ministry of Finance (Department of Treasurer); 4th Respondent: Central Deduction Administration Systems; 5th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 September 2023
Case Number
CCA/0143/2022
Procedural Posture
Interlocutory Application (interim Interdict) / Ruling on Urgency and Merits
Outcome
Application dismissed with costs on attorney and client scale.
Legal Topics
Interim Interdicts, Urgency Procedure, Abuse of Process, Loan Repayment Disputes
Source Language
English
Civil Procedure Interim Interdicts Urgency Procedure Abuse of Process Loan Repayment Disputes

Case Brief

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Parties

Teboho Molumo

Applicant

Lesotho Police Staff Association

1st Respondent

NEC – Lesotho Police Staff Association

2nd Respondent

The Ministry of Finance (Department of Treasurer)

3rd Respondent

Central Deduction Administration Systems

4th Respondent

Attorney General

5th Respondent

Procedural Posture

Interlocutory Application (interim Interdict) / Ruling on Urgency and Merits

Legal Issues

  1. 1 Whether the application met the requirements for urgent relief under Rule 8(22)
  2. 2 Whether the applicant established a prima facie right to interim interdict
  3. 3 Whether the urgency procedure was abused

Ratio Decidendi

The applicant failed to satisfy the requirements for urgent relief under Rule 8(22) and did not establish a prima facie right to an interim interdict. The application was an abuse of the urgency procedure and was dismissed with costs on an attorney and client scale.

Court Disposition

Application dismissed with costs on attorney and client scale.

Orders

  • The application is dismissed with costs on attorney and client scale.