Econet Telcom Lesotho (Pty) Ltd v Breakthrough Enterprises (Pty) Ltd (CIV/APN 578 of 2010) [2011] LSHC 121 (22 February 2011)

IN THE HIGH COURT OF LESOTHO HELD AT MASERU CIV/APN/578/2010 In the matter between: ECONET TELECOM LESOTHO (PTY) LTD APPLICANT AND BREAKTHOUGH ENTERPRISES (PTY) LTD RESPONDENT RULING Delivered by the Honourable Madam Justice L. Chaka- Makhooane on the 22nd February, 2011 [1] This matter had earlier come to me by way of an urgent application on the 19th October, 2010. An Interim Order was granted to the Applicant, having heard Mr. Mpaka for the Applicant in the absence of the Respondent, inspite of proof of service. [2] At the time of the application it appears that there already was a matter pending before an arbitration tribunal. Before this matter could be argued before the High Court, the arbitration process was over and an award was given. [3] By consent the parties agreed that following the arbitration, it was no longer worthwhile to pursue the application before the High Court. The only issue left to be determined by me is that of costs of the application. [4] The principle on costs is that they always follow the event and generally the successful party is entitled to a costs order. See Unimark Distributors (Pty) Ltd v ERF 94 Silvertondale (Pty) Ltd 2003 (1) SA 204 at 215 It is also said that a trial judge in awarding costs exercises a judicial discretion upon a consideration of all circumstances which have a bearing on the issue of costs Unimark Distributors (supra) at 216. In casu the question that begs to be answered is who, all things considered, should be awarded costs if any. [5] By consent the parties agreed that the application had been overtaken by events following the arbitration process. The Applicant had initially obtained an Interim Order, which order was never finally argued. The order for costs in the Interim Order was that costs will be in the cause. As already mentioned the application was eventually abandoned. It seems to me that if this court was to exercise its discretion judicially an appropriate order for costs would be that each party must pay for its own costs. It is so ordered. _________________________ L. CHAKA-MAKHOOANE JUDGE For Applicant : For Respondent: Ms Makhera Mr. Mpaka 3