Total Lesotho (Pty) Ltd v Khadi (CCT/0136/2016) [2023] LSHC 6 (23 February 2023)
The applicants' amendment is not mala fide, no prejudice will be suffered by the respondent that cannot be cured by costs, and the deponent's locus standi is not in question. The amendment is therefore granted.
- Citation
- [2023] LSHC 6
- Parties
- Applicant: Total Lesotho (Pty) Ltd; Applicant: Total Lesotho Properties (Pty) Ltd; Respondent: Thapelo Khadi
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 23 February 2023
- Case Number
- CCT/0136/2016
- Procedural Posture
- Civil Application (amendment of Pleadings) / Ruling on Application to Amend Plea
- Outcome
- application for amendment granted
- Legal Topics
- Amendment of Pleadings, Locus Standi, Costs, Company Status
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Total Lesotho (Pty) Ltd
Applicant
Total Lesotho Properties (Pty) Ltd
Applicant
Thapelo Khadi
Respondent
Procedural Posture
Civil Application (amendment of Pleadings) / Ruling on Application to Amend Plea
Legal Issues
- 1 Whether the applicants should be granted leave to amend their plea under Rule 33 of the High Court Rules
- 2 Whether the deponent to the founding affidavit had locus standi
- 3 Whether the amendment would prejudice the respondent
Ratio Decidendi
The applicants' amendment is not mala fide, no prejudice will be suffered by the respondent that cannot be cured by costs, and the deponent's locus standi is not in question. The amendment is therefore granted.
Court Disposition
application for amendment granted
Orders
- The application for amendment is granted as prayed.
- Respondent to pay costs at a normal scale.
Full Case Text
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