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High Court - 2022 December

8 judgments
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8 judgments
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Judgment date
December 2022
Lesotho Dairy Products (Pty) Ltd v Lesotho National Dairy Board (CCA/0093/2020) [2022] LSHC 167 (15 December 2022)
SUMMARY Application – Authority to institute legal proceedings on behalf of artificial person seriously challenged – Onus on the deponent to the founding papers to provide more than minimum of evidence that the proceedings are duly authorised – A director does not have authority to institute legal proceedings on behalf of artificial person by virtue of position – Authority to institute legal proceedings must be duly conferred – The deponent to the founding papers failing to thwart challenge to his authority – Application dismissed.
15 December 2022
Tlokotsi v Director of Public Prosecutions (Const. No. 14/2019) [2022] LSHC 169 (15 December 2022)
SUMMARY: Constitutional litigation – Collateral challenge to vindicate fundamental human rights and freedoms – Applicants claiming that they suffered pre – trial prejudices as a result of Public Accounts Committee summoning and questioning Director General of the Directorate on Corruption and Economic Offences and the Director of Public Prosecutions about their criminal case – Applicants alleging interference with prosecutorial powers and discrimination by the Director General who charged them to the exclusion of co – suspects contrary to the directive of the Director of Public Prosecutions – Director of Public Prosecutions does not account to PAC in discharging her constitutional mandate - The Directorate on Corruption and Economic Offences is not an agent of the Director of Public Prosecutions, but exercises its own prosecutorial powers – A claim for discrimination must be brought within the ambit of section 18 of the Constitution – Collateral changelle requires exceptional circumstances – Application dismissed.
15 December 2022
Basotho Congress Party v Abdulla (CCT/0290/2017) [2022] LSHC 156 (14 December 2022)
SUMMARY CIVIL PRACTICE: Application for stay of execution pending appeal against a provisional sentence in circumstances where the leave of Court of Appeal should have been sought- Application dismissed as appeal was lodged without the leave of the Court of Appeal being sought.
14 December 2022
Classic Distributors v Standard Lesotho Bank (CCT/149/2013) [2022] LSHC 155 (14 December 2022)
SUMMARY CIVIL PRACTICE: Application for leave to appeal a final order before the High Court- Held, the order being appealed against being final in nature and effect, the applicant should appeal straight to the Court of Appeal- leave of the High Court should only be sought against the judgment of the High Court exercising its civil appellate jurisdiction – Approach to dealing with an exorbitant amount reflected on the Writ of Execution than the amount that is owed by the judgment debtor, articulated.
14 December 2022
Platcorp Holdings Limited v Platinum Credit Limited (CCA/0109/2022) [2022] LSHC 160 (14 December 2022)
SUMMARY CIVIL PRACTICE: Application for variation of judgment under common law- Principles applicable considered and applied.
14 December 2022
Rex v Motsoane (CRI/T/0014/2018) [2022] LSHC 159 (12 December 2022)
SUMMARY CRIMINAL LAW: Accused charged with murder on the basis of common purpose- Crown failing to proof its case beyond a reasonable doubt – Accused acquitted
12 December 2022
Ntoi v Netloans Lesotho (Pty) Ltd (CIV/APN/399/2016) [2022] LSHC 168 (2 December 2022)
Summary Loan agreement – whether costs and interest levied on the loan are unlawful – Applicability of Money Lenders Act 1989 as amended on the loan agreement – The Act applies to money Lenders – loan transaction governed by Financial Institutions Act 2012 and Financial Institutions ( Credit-only Institutions) Regulations 2010 – Each law intended to apply to the segment it was enacted for – the Acts calling for harmonious interpretation – there is no inconsistency between the Money Lenders Act 1989 and the 2010 Regulations.
2 December 2022
Independent Electoral Commission v Speaker of the National Assembly (Const. No. 0022/2022) [2022] LSHC 164 (1 December 2022)
SUMMARY Constitutional provisions for decision of questions as to membership of parliament- Procedure to be followed where allocation of proportional representation seats is in issue – Discussion on section 69 of the Constitution and its reference in the Electoral Act.
1 December 2022