Motsamai v Qhelane (CIV/T/120/2019) [2022] LSHC 80 (22 March 2022)

Motsamai v Qhelane (CIV/T/120/2019) [2022] LSHC 80 (22 March 2022)

The defendant, having been barred from filing a plea, could only file upon obtaining the court's sanction for removal of the bar. Filing the plea without such removal is improper. Condonation cannot be granted without a formal application and good cause shown. The defendant failed to follow the mandatory procedure, and the plea must be set aside as an irregular proceeding.

Citation
[2022] LSHC 80
Parties
Plaintiff: Tseliso Motsamai; Defendant: Lebatsang Qhelane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 March 2022
Case Number
CIV/T/120/2019
Procedural Posture
Civil / Ruling on Application to Set Aside Plea as Irregular Proceeding
Outcome
application granted; defendant's plea set aside
Legal Topics
Irregular Proceedings, Pleadings, Condonation, Removal of Bar
Source Language
English
Civil Procedure Irregular Proceedings Pleadings Condonation Removal of Bar

Case Brief

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Parties

Tseliso Motsamai

Plaintiff

Lebatsang Qhelane

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Plea as Irregular Proceeding

Legal Issues

  1. 1 Whether the late filing of the plea constitutes an irregular proceeding
  2. 2 Whether the late filing may be condoned and the plea accepted

Ratio Decidendi

The defendant, having been barred from filing a plea, could only file upon obtaining the court's sanction for removal of the bar. Filing the plea without such removal is improper. Condonation cannot be granted without a formal application and good cause shown. The defendant failed to follow the mandatory procedure, and the plea must be set aside as an irregular proceeding.

Court Disposition

application granted; defendant's plea set aside

Orders

  • The defendant’s plea served upon the plaintiff on the 1st November 2019 is set aside as an improper proceeding.
  • The plaintiff is awarded costs of this application.