Lesotho National General Insurance Company Limited v Phafane (C of A (CIV) No. 10 of 2003)

Media Neutral Citation: 
[2003] LSHC 110
Judgment Date: 
2 October, 2003

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C of A (CIV) No. 10 of 2003

IN THE COURT OF APPEAL OF LESOTHO


In the matter between:

LESOTHO NATIONAL GENERAL INSURANCE

COMPANY LIMITED APPELLANT

and

SALEMANE PHAFANE RESPONDENT


Held at Maseru on 2nd October 2003.


CORAM:

Grosskopf,

Plewman and

Smalberger JJA.


RULING


Grosskopf, JA


1. It is common cause between the parties that as at the present date the following procedures in the High Court have not been disposed of- these being:


1.1 An application to set aside as an irregular proceeding the notice of set down which led to a judgment by default being granted in the main action;


1.2 An application for rescission of the judgment by default referred to in 1.1 above.


1.3 An application to stay execution on the said judgment.


2


2. It also appears that no steps have been taken to set aside the notice of appeal.


3. In the light of the aforesaid the following order is made:


3.1 No order is made on the notice of motion of the respondent dated 21 August 2003.


3.2 The appeal is postponed sine die pending the resolution of the applications referred to in 1 above and may not be re-instated until an affidavit by the appellant's attorney is filed stating that the above applications have been resolved in the High Court.


3.3 The costs of today's hearing and the costs of the respondent's application are reserved to be dealt with by this Court when the appeal is finally heard.


F.H: Grosskopf'

JUSTICE OF APPEAL


I agree

C Plewman

JUSTICE OF APPEAL


I agree :


J.W.Smalberger

JUSTICE OF APPEAL


Delivered at Maseru on this 2nd day of October 2003.


For the Appellant : Mr. Loubser, instructed by Webber Newdigate

For the Respondent: Mr. M. Ntlhoki