Minister of Transport v Katleho Logistics (Pty) Ltd (C of A No. 10/2022) [2022] LSCA 2 (13 May 2022)





IN THE COURT OF APPEAL OF LESOTHO


HELD AT MASERU C of A (CIV) No.10/2022

CIV/APN/68/2021


In the matter between:


MINISTER OF TRANSPORT 1ST APPLICANT

PRINCIPAL SECRETARY: MINISTRY OF TRANSPORT 2ND APPLICANT

MOHLALEFI LETSAPO 3RD APPLICANT

PALESA MAILE 4TH APPLICANT

LISEMA RASENYA 5TH APPLICANT

ATTORNEY GENERAL 6TH APPLICANT


AND


KATLEHO LOGISTICS (PTY) LTD RESPONDENT



COURT ORDER



CORAM: K E MOSITO, P

N T MTSHIYA, AJA

J VAN DER WESTHUIZEN, AJA


HEARD: 20 APRIL 2022

DELIVERED: 13 MAY 2022


BY ORDER OF COURT


The Deed of Settlement signed by the Parties’ legal representatives on the 20TH APRIL 2022 be and is hereby made an Order of Court in the following terms:-


  1. The RESPONDENT abandons the impugned order granted by HIS LORDSHIP MR. JUSTICE MONAPATHI granted on the 9th day of NOVEMBER 2021 in terms of RULE 44 of THE HIGH CURT RULES LEGAL NOTICE NO.9 OF 1980 (As amended) on the terms as shall be spelt out in this agreement.


  1. The parties further agree that each party to the proceedings referred to above is to pay its own legal costs.



  1. That PRAYERS 1 and 2 be granted by consent of the parties and further that:



  1. The matter is referred back to the HIGH COURT for determination of the main application.


  1. MINISTER OF TRANSPORT and PRINCIPAL SECRETARY OF MINISTRY OF TRANSPORT and or their authorized agents in the MINISTRY OF TRANSPORT are prohibited and or interdicted from interfering with the continued commercial activities of KATLEHO LOGISTICS PTY. LTD. Pending finalization of issues per CLAUSE 3(a) above.

  1. MINISTER OF TRANSPORT and PRINCIPAL SECRETARY OF MINISTRY OF TRANSPORT are prohibited from engaging an alternative administrator in preference over KATLEHO LOGISTICS pending finalization of the issues referred to in CLAUSE 3 (a) above.


_______________________________

N T MTSHIYA

ACTING JUSTICE OF APPEAL


________________________________

K E MOSITO

PRESIDENT OF THE COURT OF APPEAL


_______________________________

J. VAN DER WESTHUIZEN

ACTING JUSTICE OF APPEAL


FOR APPLICANTS: ADV L TAU

FOR RESPONDENT: ADV M S RASEKOAI

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