Masiyambiri v Mopolo (CIV/T 207 of 81) [1982] LSCA 53 (20 August 1982)

Masiyambiri v Mopolo (CIV/T 207 of 81) [1982] LSCA 53 (20 August 1982)

The defendant failed to show good cause for rescission and did not comply with the mandatory requirement to furnish security for costs before the application could be entertained; thus, the application is dismissed.

Citation
[1982] LSCA 53
Parties
Plaintiff: Terrence Cephas Musiyambiri; Defendant: David Sello Molapo
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
20 August 1982
Case Number
CIV/T 207 of 81
Procedural Posture
Civil Application / Application to Set Aside Default Judgment
Outcome
application dismissed with costs
Legal Topics
Default Judgment, Rescission of Judgment, Security for Costs
Source Language
English
Civil Procedure Default Judgment Rescission of Judgment Security for Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Terrence Cephas Musiyambiri

Plaintiff

David Sello Molapo

Defendant

Procedural Posture

Civil Application / Application to Set Aside Default Judgment

Legal Issues

  1. 1 Whether the defendant has shown good cause for rescission of default judgment
  2. 2 Whether the defendant complied with Rule 26(6)(b) regarding security for costs

Ratio Decidendi

The defendant failed to show good cause for rescission and did not comply with the mandatory requirement to furnish security for costs before the application could be entertained; thus, the application is dismissed.

Court Disposition

application dismissed with costs

Orders

  • The application for rescission of default judgment is dismissed with costs.