Tholang Mofolo V Chaphole Mofolo (CIV/A/38/2021) [2023] LSHC 29 (8 August 2023)

Tholang Mofolo V Chaphole Mofolo (CIV/A/38/2021) [2023] LSHC 29 (8 August 2023)

The applicant failed to provide a satisfactory or reasonable explanation for the delay in noting the appeal and seeking condonation, did not comply with the rules regarding filing the record, and did not adequately address prospects of success. The cumulative effect of these failures meant sufficient cause for condonation was not shown.

Citation
[2023] LSHC 29
Parties
Applicant: Tholang Mofolo; Respondent: Chaphole Mofolo
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 August 2023
Case Number
CIV/A/38/2021
Procedural Posture
Civil Appeal / Application for Condonation and Appeal Dismissal
Outcome
application for condonation dismissed; appeal dismissed with costs
Legal Topics
Condonation, Appeal Procedure, Late Filing, Court Discretion
Source Language
English
Civil Procedure Condonation Appeal Procedure Late Filing Court Discretion

Case Brief

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Parties

Tholang Mofolo

Applicant

Chaphole Mofolo

Respondent

Procedural Posture

Civil Appeal / Application for Condonation and Appeal Dismissal

Legal Issues

  1. 1 Whether the court should grant condonation for late noting and prosecution of an appeal despite inordinate delay
  2. 2 Whether the explanation for delay and prospects of success justify condonation

Ratio Decidendi

The applicant failed to provide a satisfactory or reasonable explanation for the delay in noting the appeal and seeking condonation, did not comply with the rules regarding filing the record, and did not adequately address prospects of success. The cumulative effect of these failures meant sufficient cause for condonation was not shown.

Court Disposition

application for condonation dismissed; appeal dismissed with costs

Orders

  • Application for condonation is dismissed with costs.
  • Appeal is dismissed with costs.