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Lesotho decisions
Decisions matching the current search
Kokoropo v Standard Lesotho Bank Limited (CIV/APN 403 of 17) [2020] LSHC 53 (9 October 2020)
The High Court dismissed an application challenging a sale in execution, holding that leave was required to sue a company in liquidation and condonation was unwarranted.
Source IT (Pty) Ltd and Others v Nedbank Lesotho Limited and Others (CCT 36 of 2014) [2015] LSHC 12 (15 May 2015)
The execution of the sale was not conducted in full compliance with Rule 47 and the deed of settlement, prejudicing the applicants; however, both parties failed in certain respects, and the founding affidavit was defective. The court temporarily suspends the execution for ninety days to allow a proper sale, with no order as to costs.
Source excerpt
Moletsane v Sethati (C of A (CIV) 54 of 2013) [2014] LSCA 49 (24 October 2014)
Once transfer of immovable property has been registered in favour of a purchaser in good faith and without notice of any defect, the sale in execution cannot be set aside, and the respondent failed to prove or allege bad faith or knowledge of defect on the part of the appellant.
Source excerpt
Du Preez, Liebetrau and Company and Another v Peete Molapo (C of A (CIV) 32 of 2013) [2013] LSCA 26 (18 October 2013)
The Court of Appeal held that notice under Rule 47(11) of the High Court Rules must also be given to a cessionary with a direct interest in the sale in execution.
Sole v Lemane & Another (CIV/T; CIV/T 318) [2001] LSCA 124 (26 September 2001)
The court held that a notice of sale in execution was irregular because immovable property was included without proper Rule 46 compliance, but the writ itself remained valid.
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