Ntsane v Ntsane (CUV/APN/287/2002 )

Case No: 
CUV/APN/287/2002
Media Neutral Citation: 
[2003] LSHC 133
Judgment Date: 
3 November, 2003

Downloads

CUV/APN/287/2002

IN THE HIGH COURT OF LESOTHO


In the matter between:


ANGELINA 'MALERATO NTSANE Applicant

and

KHOTSO NTSANE Respondent


For the Applicant: Mr. Mathaba

For the Respondent: Mr. Petlane


RULING


Delivered by the Honourable Mr. Justice T. Monapathi on the 3rd November 2003


Application is dismissed with costs. I refused in the circumstances to refer matter to viva voce evidence where no viable case can be discerned from the Applicant's papers. Mr. Mathaba's apparent and expressed readiness to have the matter referred to evidence still understated the seriousness of the Applicant's case.


In all respects Applicant must have foreseen that the matter would be


2


resisted more particularly the assault and the ownership of charge in which no particulars at all were stated in the founding statement.


On the papers there is no basis or prima facie evidence on assault or on ownership of the home and property. Without any supporting affidavit the two aspects were completely bereft of any necessary particularity.


In any event I would even safely take the version of the Respondent on all the issues. Consequently it was futile to discuss the probabilities even though Mr. Petlane for the Respondent thought he could still win on that account.


The judge who made the original rule nisi did do so solely on the impression given by the Applicant's papers. Once the evidence from the other side came out it showed that the founding affidavit ought not to have attracted the issuing of the rule nisi in the first place.


The application was dismissed with costs in terms of Rule 8(4).


T. MONAPATHI

JUDGE

3RD NOVEMBER 2003