LESOTHO
IN THE COURT OF APPEAL OF LESOTHO
HELD AT MASERU
C of A (CIV)/77/2024 CCA/0058/2023
In the matter between
PONTO DO PARGO (PTY) LTD APPELLANT
VS
SIMON LEBUAJOANG THEBE-EA-KHALE 1ST RESPONDENT
MKM BURIAL SOCIETY 2ND RESPONDENT
LATE ESTATE ARCHIE MOTSOANE
SALLEY E1134 3RD RESPONDENT
MASTER OF THE HIGH COURT 4TH RESPONDENT
ATTORNEY-GENERAL 5TH RESPONDENT
LAND ADMINISTRATION AUTHORITY 6TH RESPONDENT
CORAM: MOSITO P
CHINHENGO AJA
MATHABA AJA
HEARD: 8 APRIL 2025
DELIVERED: 2 MAY 2025
FLYNOTE
Civil Procedure – Postponement of Appeal – Consent Order – Non-joinder of Proper Parties – Capacity to Sue – Necessity for Clarification of Record – Scrambled Proceedings – Discretion of Appellate Court.
The appeal was set down for hearing before the Court of Appeal of Lesotho during the April 2025 session. At the instance of the appellant, and by consent with the 3rd respondent’s counsel, a postponement was sought to the next session. The Court acceded to the request, noting that the record disclosed serious procedural irregularities and confusion that rendered the matter unfit for immediate adjudication. Of particular concern was the involvement of a non-legal entity lacking capacity to sue or be sued. In light of these complexities, the Court recognised the necessity for the parties to clarify and regularise the proceedings before the matter could properly be entertained on appeal.
Held: The appeal is postponed by consent to the next session of the Court of Appeal. No order as to costs made.
Postponement granted; no order as to costs.
CONSENT ORDER OF POSTPONEMENT
CHINHENGO AJA: -
[1] This appeal was set down for hearing during the April 2025 session of this Court. Counsel for the appellant applied for postponement of the appeal to the next session of the Court in October 2025. Counsel for the 3rd respondent, a non- legal entity with no capacity at law to sue or be sued, agreed to the postponement. The other respondents were not in attendance. We acceded to the request for a postponement in view of our recognition, after perusing the record of proceedings, that matter
is a thoroughly scrambled egg, which the parties must unscramble before the appeal can be heard.
[2] We issued the following order –
(a)
By consent of the parties, the appeal is postponed to the next session of this Court.
(b)
No order as to costs is made.
________________________
MH CHINHENGO
ACTING JUSTICE OF APPEAL
_______________________
KE MOSITO
PRESIDENT OF THE COURT OF APPEAL
________________________
R MATHABA
ACTING JUSTICE OF APPEAL
FOR APPELLANT: ADV L D MOLAPO
FOR THE RESPONDENT: ADV L A MOLATI