IN THE HIGH COURT OF BOTSWANA
HELD AT LOBATSE
CC-1679-02
In the matter between:
OKEDITSE PATRICK KGOADI
KGOADI & PARTNERS
1ST APPLICANT
2ND APPLICANT
and
IVAN MICHAEL MOSOTHOANE
(represented by his mother
PRISCILLA MOSOTHOANE)
1ST RESPONDENT
ITUMELENG SHINE NGAKAETSILE
2ND RESPONDENT
THIRD RESPONDENTS PARTIES
1ST THIRD PARTY
2ND THIRD PARTY
3RD THIRD PARTY
LAW SOCIETY
LAWRENCE MAIKA
UNODA MACK
Mr. D.K. Zegwa for the 1st and 2nd Respondentsi
No appearance for the 1st and 2nd Respondentsii
RULING
MAKHWADE J.
1.
On the 3rd of September 2010, I made an order by consent
reinstating the application for a rescission of judgment that was
granted in this Court on the 30th August 2002. I also made an
order dealing with the filing of further affidavits and indicated that
the matter shall come up for initial case management conference
today i.e. the 3rd of November 2010.
2
2.
The respondents have not filed any affidavits and there is no
appearance at the initial case management conference.
3.
The Applicant's Attorney indicates that they did communicate with
the respondent's Attorneys in order to arrange a meeting before
today's conference. The meeting did not materialise because of the
non response of the respondents and the respondent's Attorneys.
4.
I am of the view in the circumstances that this is the proper matter
to invoke the provisions of order 42 Rule 11(c). I therefore grant an
order for rescission of the judgment of 30th August 2002. The 1st
and 2nd respondent shall pay the costs of the application.
GIVEN IN CHAMBERS AT LOBATSE THIS 03RD DAY OF NOVEMBER,
2010.
_____________________
Z. MAKHWADE
JUDGE
MOTLHALA, RABASHA AND KETSHABILE ATTORNEYS FOR THE 1ST AND 2ND
APPLICANTS
i