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Citation
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Judgment date
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| May 2022 |
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SUMMARY
High Court - Matter committed to High Court for sentencing - Whether High Court can enquire into the irregularities committed by the trial Court - Section 294(3)(a) and (b) of the Criminal Procedure and Evidence Act, 1981.
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27 May 2022 |
SUMMARY:
Contempt of court-locus standi for contempt of court-jurisdiction of the court in contempt proceedings. Complying with an unlawful court order.
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26 May 2022 |
SUMMARY
Magistrate’s Court – Civil proceedings – Jurisdiction – Claim for ejectment based on ownership – Subordinate Court Act 1988 – Sections 15(1) and 17(1) (c) interpreted and applied – Appeal against grant of summary judgment and order of ejectment – Whether defendant did not have a bona fide defence – Subordinate Court Rule 14(4) (c) and 14 (5) applied.
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24 May 2022 |
Summary
Tender – Fairness and audi alteram partem rule apply in resolving complaints regarding tender award – Affected party entitled to opportunity to make representations before adverse decision to re-evaluate a tender is made.
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23 May 2022 |
SUMMARY
TAXATION: Appellants appealing against the judgment of the Revenue Appeals Tribunal to recognise the respondent as an expatriate within the meaning of the term in the Income Tax Act 1993 (as amended) and Agreement on Phase II the Lesotho Highlands Water Project- Held, upon interpreting the legal provisions implicated, that the respondent is an expatriate- Appeal accordingly dismissed with costs.
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12 May 2022 |
SUMMARY
CIVIL PRACTICE: Arbitration- application for stay of proceedings pending arbitration in terms of Arbitration Act of 1980- The applicant having raised court’s lack of jurisdiction as a preliminary point- whether such constituted the taking of a further step in terms of section 7 of the Arbitration Act- Held, such a move does not amount to taking a step in the proceedings so as to deny the applicant an opportunity to apply for a stay of proceedings pending arbitration- Consequently, arbitrable issues referred to arbitration and the question of the review of the decision to award the work to the 3rd respondent in the main application, left aside to be tried before the court.
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12 May 2022 |
Summary
Recusal application – prosecutor absenting himself from court proceedings without leave of court and attends to another case without knowledge of court – application for postponement filed by the DPP because of absence of prosecutor – misleading information placed before court in support of such application – prosecutor being the source of such information – another prosecutor appointed – previous prosecutor disqualified from appearing in the case – remarks disapproving manner in which the Crown counsel conducted himself – whether the disqualification of the prosecutor and remarks made in course of proceedings constitute reasonable apprehension of bias – ethical obligations of prosecutors – Speedy Court Trials Act, 2002, sections 5(1), 9(4) and 12(4)
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11 May 2022 |
SUMMARY
CRIMINAL LAW: murder-application for discharge at close of prosecution- right to fair trial and right to be presumed innocent until proven guilty revisited and applied- discharge application granted and accused acquitted- inelegance in drafting of murder charges noted with dismay.
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11 May 2022 |
Summary
Civil Procedure – Review application – Applicant having been interdicted – Asks Court to review, set aside and declare the interdict as being unreasonable, irrational and unlawful – Exercise of a public official’s administrative powers to be carried out in terms of the law – Applicant seeking an order that he be reinstated to his position in the Lesotho Mounted Police Service, at the RCTS, still retaining his benefits. First respondent making a new case in the answering affidavit – applicant being denied an opportunity to make representations on the new case.
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10 May 2022 |
Summary
Husband and wife – custody of the child – Best interests of the child – What is? - Minor child attending school in a foreign country – Child moved on to Lesotho – By father’s unilateral actions – Best interest of the child – Mother still working in Mozambique – Parties having since divorced.
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5 May 2022 |
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5 May 2022 |
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5 May 2022 |
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5 May 2022 |