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Citation
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Judgment date
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| March 2022 |
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SUMMARY
CIVIL PRACTICE: Appeal against the decision of magistrate issuing final orders without first affording the appellant a hearing and for having based his judgment on issues not foreshadowed in the pleadings- Held, appeal must succeed on these grounds
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17 March 2022 |
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16 March 2022 |
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SUMMARY
Contract- two motor vehicles having been involved in a collision-Toyota Fortuner having been taken to Respondent’s workshop- Respondent demanding payment of assessment of damages and storage costs- Applicant disputing existence of an agreement-
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16 March 2022 |
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SUMMARY
ADMINISTRATIVE LAW: Judicial review based on rationality of the decision of the 1st respondent to award the tender to the 3rd respondent despite critical shortcomings in its technical bid- Principles applicable to rationality review considered and applied
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14 March 2022 |
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Practice and procedure – Review of employment-related decisions and actions of the government as employer of a public officer – Such disputes fall outside the High Court’s review jurisdiction – The entry point is the fora created by the Public Service Act, i.e. the public officers’ dispute settlement regime
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10 March 2022 |
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CONDONATION - Application for condonation of failure to deliver an answering affidavit within the period stipulated in High Court Rule 8 (10) (b) – Applicant must in terms of Rule 59 satisfy the court that it is in the interests of justice to exercise its discretion in favour of condoning the failure to follow the rules – Nature of court’s discretion and factors to be considered in exercising it discussed
CHIEFTAINSHIP - Whether the King ought to be joined in proceedings challenging a legal notice made pursuant to section 14(2) of the Chieftainship Act
King having acted on the advice of the Minister of Local Government and Chieftainship Affairs- Court finds it improper and unnecessary to cite or join the King in such proceedings- where the King in such circumstances has been so advised by the Minister he is obliged to follow the advice and act accordingly. Therefore, it is unnecessary to burden the King with service where no direct recourse is sought or may be obtained against him
Reviewing and setting aside of the advice of the Minister of Chieftainship Affairs to the King, as to who should succeed to the office of Chief
Setting aside of a government notice declaring a successor to chieftainship
Declarator of the lawful and rightful Chief
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10 March 2022 |
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7 March 2022 |
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CRIMINAL LAW: Accused charged with murder- crown’s case by way of admitted statements including a confession and a post-mortem- no oral evidence- application for discharge in terms of S.175 (3) of the Criminal Procedure and Evidence Act No.9 of 1989 at the end of prosecution case dismissed- defence of provocation and self-defence- doctrine of common purpose- accused found guilty of murder with extenuating circumstances
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7 March 2022 |
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Summary
Application for summary judgement - Rule 28(3)(b) requirements restated - defendant making bald assertions of their defense – failing to meet the requirements of the rule - application for summary judgement granted
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4 March 2022 |
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Summary
Appeal against an order of magistrate releasing a motor vehicle seized in terms of section 14 of the Motor Vehicle Theft Act of 2000 - pre-conditions of release - whether lawful possession or ownership proved absent a written agreement of sale, transfer documents and registration documents-judgement of the court-a-quo insupportable - appeal upheld
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4 March 2022 |
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Summary
Application for extension of the 6 months period provided under section 77 of Police Service Act 7 of 1998 – within which certain civil actions against the police must be brought
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3 March 2022 |
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Summary
Preliminary objection – lis alibi pendens – an action commenced in 2011 and set down for hearing – second application commenced in 2020 – both for cancellation of deeds of transfer pertaining to disputed plots – Reliefs claims in each essentially the same – No good reason for Court to permit second action to proceed
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3 March 2022 |
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SUMMARY
Civil Procedure –joinder of parties and consolidation of trials – propriety where full disclosure not made and inconvenience and prejudice to other parties real – application dismissed
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3 March 2022 |
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Summary
Criminal law and procedure – Bail application – Refusal of same by Court – Accused rushing to High Court for review of such refusal of release on bail – The main criminal trial against the accused having not been prosecuted – Counsel for the applicant having not re-applied for release of his client after new circumstances had arisen – Conduct of the applicant’s counsel resulting in stalling the prosecution of the main trial – As a result the applicant is currently languishing in jail awaiting the final result of the review application – Court should strike a balance between protecting the liberty of the individual and safeguarding and ensuring the proper administration of justice
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1 March 2022 |
| February 2022 |
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SUMMARY
Civil Procedure –preliminary points raised in lime – declarator for rights over immovable property – whether High Court has jurisdiction over land cases – point on lack of jurisdiction upheld
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28 February 2022 |
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SUMMARY:
Application – Application to suspend execution of Minister’s decision to terminate mining lease – whether it’s a prayer for specific performance or temporary interdict – Prayer for specific performance has its foundation from breach of contract which must be pleaded – A prayer mischaracterised and refused absent some of the requirements of temporary interdict
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25 February 2022 |
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SUMMARY:
Jurisdiction – Commercial Court established to hear disputes arising out of commercial or business transactions – Refusal to issue a building permit cannot be classified as restraint of trade or a dispute arising out of a commercial or business transaction – Commercial Court lacking jurisdiction to issue writ of mandamus against Government to issue a building permit
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22 February 2022 |
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RULING
Condonation application - For failure by applicant to file summons against a Government Ministry within two years - Court constrained by Section 6 of the Government Contracts and Proceedings Act 4 of 1965 - Condonation application dismissed for being brought out of time
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21 February 2022 |
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SUMMARY
CRIMINAL LAW: Murder- Accused charged with two counts of murder- raising defence of Insanity and failing to prove it on the balance of probabilities- Accused found guilty as charged of the two counts of murder- Accused raising a constitutional argument that there was trial unfairness owing to the fact that he was not assessed by an expert psychiatrist and forensic psychologist to determine the veracity of his defence of insanity- Held , in the circumstances of this case the State had provided the accused with adequate facilities for preparation of his defence
Sentence- The court found the existence of extenuating circumstances- Accused accordingly sentenced to two life sentences
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17 February 2022 |
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16 February 2022 |
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SUMMARY
Proceedings against Government – It is sufficient to cite Attorney General in his nominal capacity where Government is sued – Where Attorney General is cited, it is not necessary but convenient for purposes of ensuring compliance to cite a Minister instead of a Ministry or Department
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12 February 2022 |
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SUMMARY:
Interim Interdict: requirements discussed – applicant failing to demonstrate absence of any other satisfactory remedy – application dismissed
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9 February 2022 |
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Summary
Ex parte application – applicant failing to be ultra – scrupulous in obtaining interim relief and pursuing meritless application – such conduct attracting discharge of the rule nisi with punitive costs
Tacit hypothec – principles discussed – failure to prove rentals owing – application dismissed
Costs de bonis propriis – responsibility of Counsel towards Court vis a vis his client – Counsel mulct with costs for twisting the facts and assisting client to pursue unarguable case
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9 February 2022 |
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9 February 2022 |
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JUDGMENT
Summary
Claim for damages - Motor vehicle collission - Allegedly due to defendant’s sole negligence - Negligence proven - Claimant awarded costs for the repair of his motor vehicle; for pain and suffering; and interest at the current prime lending rate as prescribed by the
Central Bank of Lesotho - Medical expenses claimed not proven and, therefore, not granted
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7 February 2022 |
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7 February 2022 |
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4 February 2022 |
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SUMMARY
Constitutional Law – motion of no confidence in the Government coupled with motion to vote by secret ballot - procedure for voting on the motions – whether the Speaker has discretionary power to depart from the procedure to vote by voice and to direct voting in secret – whether alleged intimidation and bribery of Members of Parliament by the Prime Minister constitute good reasons to vote by secret ballot - Constitution, sections 2, 20 (1), 75 (1), 81 (1), 85 (5)(a) and (8) and 119 (1); Parliamentary Powers and Privileges Act, 1994, sections 19g and 20; Standing Orders Nos. 34, 45 (1), 46, 47, 48, 97(6) and 111
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4 February 2022 |
| January 2022 |
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12 January 2022 |