Tholo Energy Pty Ltd v Letseng Diamond Pty,ltd (CCA/0013/2022) [2022] LSHC 28 (29 April 2022)

Tholo Energy Pty Ltd v Letseng Diamond Pty,ltd (CCA/0013/2022) [2022] LSHC 28 (29 April 2022)

The applicant failed to justify urgency, did not comply with procedural rules, and gave the respondent inadequate notice. The requirements for interim interdict were not met as the applicant did not establish a prima facie right, and clause 21.4 did not survive termination of the agreement. The applicant had...

Source-derived case information.

Citation
[2022] LSHC 28
Parties
Applicant: Tholo Energy (Pty) Ltd; 1st Respondent: Letšeng Diamonds (Pty) Ltd; 2nd Respondent: Arbitrator (Adv. P. V. Tšenoli)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
29 April 2022
Case Number
CCA/0013/2022
Procedural Posture
Commercial Application / Ruling on Urgent Application and Costs
Outcome
Application for interim relief dismissed; costs awarded against applicant and legal representatives.
Legal Topics
Urgent Applications, Interim Interdicts, Contract Termination, Costs Orders, Abuse of Process
Source Language
english
Contract Law Civil Procedure Urgent Applications Interim Interdicts Contract Termination Costs Orders Abuse of Process

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Parties

Tholo Energy (Pty) Ltd

Applicant

Letšeng Diamonds (Pty) Ltd

1st Respondent

Arbitrator (Adv. P. V. Tšenoli)

2nd Respondent

Procedural Posture

Commercial Application / Ruling on Urgent Application and Costs

Legal Issues

  1. 1 Whether the application was urgent and justified deviation from procedural rules
  2. 2 Whether the applicant was entitled to interim interdicts restraining the respondent from engaging other suppliers pending arbitration
  3. 3 Whether the applicant satisfied the requirements for interim interdict

Ratio Decidendi

The applicant failed to justify urgency, did not comply with procedural rules, and gave the respondent inadequate notice. The requirements for interim interdict were not met as the applicant did not establish a prima facie right, and clause 21.4 did not survive termination of the agreement. The applicant had alternative remedies, including damages. The application was an abuse of process and warranted costs on attorney and client scale. The legal representatives were seriously negligent in preparing and filing the papers, justifying costs de bonis propriis for 20% of the costs.

Court Disposition

Application for interim relief dismissed; costs awarded against applicant and legal representatives.

Orders

  • Applicant to pay costs on attorney and client scale, including costs of senior counsel.
  • Kleingeld Mayet Attorneys and Adv. Tsabeha, jointly and severally, to pay 20% of the costs de bonis propriis.