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High Court - 2022 July

6 judgments
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6 judgments
Citation
Judgment date
July 2022
Maseru Entertainment Company v Titan Lens Photography (CCT/02410/2022) [2022] LSHC 72 (28 July 2022)
28 July 2022
Commissioner of Police (holomo Molibeli) v Vodacom Lesotho (Pty) Ltd (CCA.No 0012/2022) [2022] LSHC 39 (13 July 2022)
SUMMARY Application for referral of a dispute of fact to be determined by viva voce evidence – procedure for such a referral – interlocutory application joining a new party – rules of Court to be followed.
13 July 2022
Khoache v Magistrate for the District of Thaba-tseka (CRI/REV/0018/2021) [2022] LSHC 107 (12 July 2022)
SUMMARY Review of criminal proceedings of a Magistrate Court – Application not opposed – Failure by a magistrate to use a sworn interpreter in recording Sesotho proceedings in English - Failure by a magistrate to advice applicant of seriousness of the offence and possible penalty – Failure by a magistrate to advise applicant of the right to legal representation on date of trial – Applicant informed of the right to legal representation and the right to legal aid counsel upon arraignment– No allegation of prejudice or miscarriage of justice – Application dismissed.
12 July 2022
The Commissioner of Police v Dlamini (CIV/APN/0170/2022) [2022] LSHC 146 (11 July 2022)
SUMMARY Stay of execution pending appeal – Principles applicable thereof. Noncompliance with court order – Its implications on the stay of execution of judgment pending appeal.
11 July 2022
Makhalemele v Board of Enquiry of National Security Service (Cons. No. 0011/2022) [2022] LSHC 106 (6 July 2022)
SUMMARY Constitutional litigation – Jurisdiction of the High Court exercising constitutional jurisdiction –Prayers in the notice of motion not substantiated in founding affidavit – Attempt to amplify case in arguments – Applicant failed to found constitutional jurisdiction– Court declining jurisdiction on the application- No order as to costs.
6 July 2022
Chefa v Stallion Security (Pty) Ltd (CIV/T/207/2014) [2022] LSHC 44 (1 July 2022)
SUMMARY Practice and procedure - Request for further and better particulars - 2nd Defendant applying to have Applicant’s claim dismissed in terms of Rules 25(6) and 30(5) of the High Court Rules, 1980 for their failure to provide the further and better particulars sought - In reaction, Plaintiff filing an application to have the move by the 2nd Defendant set aside as irregular in terms of Rule 30 (1) - Court finds step irregular but exercises its discretion to condone the irregularity to have matter brought to finality in the interests of justice.
1 July 2022