Leen v FNB (Pty) Ltd [2016] LSCA 27 (27 October 2016)

• Date: 01 January 2017
• Record Number: lesotho_v25_n1_a5
• DOI: 10.10520/EJC-bf5a445bb
• Author: M. Makau
• Published date: 01 January 2017
• Pages: 101-111

REVIEW OF OCTOBER 2016 SESSION OF COURT OF APPEAL

PROCEDURAL LAW AND PRACTICE

Makau, M.*

LEEN v FIRST NATIONAL BANK (PTY) LTD [2016] LSCA 27 (27

OCTOBER 2016)

INTRODUCTION

This case brings to bear one of the most important balancing

exercises to legal practitioners and the courts anywhere in the

world: enforcing the rules of court or indeed any piece of legislation

as per the letter of the law or adopting a purposive interpretation of

the rules of court in the interests of justice.

1

Married to this is an

expeditious disposal of cases not on procedural technicalities, but

on the merits of a case. In Pepper (Inspector of Taxes) v Hart,

2

Lord

Griffiths noted,

The days have long passed when the courts adopted

a strict constructionist view of interpretation which

required them to adopt the literal meaning of the

language. The courts now adopt a purposive

approach which seeks to give effect to the true

purpose of legislation and are prepared to look at

much extraneous material that bears upon the

* Lecturer, National University of Lesotho, LL.B (NUL) LLM (UP).

1

See Matšaseng Ralekoala v Minister of Justice and Hu man Rights Law and

Constitutional Affairs and 2 Others [2012] LSHC 8.

2

[1993] AC 5 93. See also Trans-African Insurance Co. Ltd v Maluleka 1956 (2)

SA 273 at 278F.