Ntho v C & Y Garments (LC 16 of 3) [2006] LSLC 11 (14 July 2006)

Ntho v C & Y Garments (LC 16 of 3) [2006] LSLC 11 (14 July 2006)

The court found that the applicant was consulted and had authorized his attorney to negotiate the settlement. The applicant's dissatisfaction arose from a misunderstanding, not from lack of authority or consultation. Furthermore, rescission was not available since the applicant was represented when the settlement was made an order of the court.

Citation
[2006] LSLC 11
Parties
Applicant: Thebe Ntho; Respondent: C & Y Garments
Court
Labour Court
Jurisdiction
Lesotho
Judgment Date
14 July 2006
Case Number
LC 16 of 3
Procedural Posture
Labour Court Application / Judgment on Application for Rescission of Settlement Order
Outcome
Application dismissed with costs
Legal Topics
Rescission of Judgment, Authority of Advocate, Settlement Agreements, Consultation With Client
Source Language
English
Labour Law Rescission of Judgment Authority of Advocate Settlement Agreements Consultation With Client

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Parties

Thebe Ntho

Applicant

C & Y Garments

Respondent

Procedural Posture

Labour Court Application / Judgment on Application for Rescission of Settlement Order

Legal Issues

  1. 1 Whether the applicant's attorney was authorized to settle the matter
  2. 2 Whether the applicant was consulted regarding the settlement
  3. 3 Whether rescission of the settlement order is proper

Ratio Decidendi

The court found that the applicant was consulted and had authorized his attorney to negotiate the settlement. The applicant's dissatisfaction arose from a misunderstanding, not from lack of authority or consultation. Furthermore, rescission was not available since the applicant was represented when the settlement was made an order of the court.

Court Disposition

Application dismissed with costs

Orders

  • Application for rescission is dismissed with costs