Tek Appliances (Pty) Ltd v Ntlhasinye (CIV/T 149 of 91) [1991] LSCA 162 (16 December 1991)

On the probabilities, the defendant might succeed in a defence of rectification on the basis of error; therefore, provisional sentence is refused.

Citation: [1991] LSCA 162
Parties: Plaintiff: TEK APPLIANCES (PTY) LTD; Defendant: DAVID NTLHASINYE
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 16 December 1991
Case Number: CIV/T 149 of 91
Procedural Posture: Civil / Application for Provisional Sentence
Outcome: Provisional sentence refused
Legal Topics: Liability on Cheques, Rectification, Company Law
Source Language: English

Commercial Law Negotiable Instruments Liability on Cheques Rectification Company Law

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Parties

TEK APPLIANCES (PTY) LTD

Plaintiff

DAVID NTLHASINYE

Defendant

Procedural Posture

Civil / Application for Provisional Sentence

Legal Issues

1 Whether the defendant is personally liable on a dishonoured company cheque
2 Whether rectification is available as a defence

Ratio Decidendi

On the probabilities, the defendant might succeed in a defence of rectification on the basis of error; therefore, provisional sentence is refused.

Court Disposition

Provisional sentence refused

Orders

Matter to go to trial
Costs shall be those in the main cause