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Citation
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Judgment date
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| May 2022 |
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5 May 2022 |
| April 2022 |
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Summary
Urgent applications – self created urgency – application for temporary interdict without proper notice – litigation involving termination of fuel supply agreement – applicant being aware of the impugned notice of termination of the agreement three months before institution of urgent application – applicant failing to account for the delay in the founding papers – elements of interdict discussed – failure to satisfy elements of interdict - interim relief refused.
Costs on attorney and client scale – Institution of urgent application on one court day notice despite the request for proper notice by the respondent two months before the urgent application was instituted – Applicant’s conduct objectionable – Costs on attorney and client scale ordered.
Costs de bonis propriis – grounds discussed – the notice of motion in breach of rule 8(7) and 8(8) of High Court Rules 1980 without justification and despite repeated warnings from the Court of Appeal and the High Court – Court file having countless blank pages, thus making reading experience cumbersome – Legal practitioners negligent in a serious degree by abdicating their responsibility to ensure the file was court ready – legal practitioners conducted themselves in a manner deserving of punitive costs. .
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29 April 2022 |
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SUMMARY
This is a delictual claim in which the plaintiff has asked the Court to award him damages for assault inflicted to his son by the Defendants’ agents while his son was under their care and protection at Mohlomi mental hospital. The Plaintiff states that as a result of the assault, his son suffered permanent brain damage and is bedridden, lacks anal and urinary sphincter control. Consequently, his son needs a regular medical attention, special dietary and full time professional nurse. The Defendants do not deny liability but only charge that after receiving the letter of demand, they engaged the Plaintiff’s counsel Mr. Matooane for negotiations concerning plaintiff’s claim. This is due to the fact that it is impossible for the Ministry to just pay out an amount of Twenty Million Maloti (M20 000 000.00) without referring the child for medical assessment to ascertain the degree of damage (injury) caused.
Held:
The Respondents are liable for the injuries incurred by the child and resultantly, to compensate the Plaintiff.
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28 April 2022 |
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27 April 2022 |
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27 April 2022 |
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27 April 2022 |
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SUMMARY:
Judgments and orders – Rescission – A claim for compensation arising out of breach of contract – Court granting default judgment without evidence being tendered – High Court Rule 45(1) – Whether an order erroneously granted.
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27 April 2022 |
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23 April 2022 |
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22 April 2022 |
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22 April 2022 |
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SUMMARY
CRIMINAL LAW: Accused charged with murder- serious flaws in investigation of the case- circumstantial evidence leaving more than one possible inference- crown relied on hearsay admission made by another co-suspect-
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20 April 2022 |
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Summary
Rescission application – brought in terms of Rule 45 of the High Court Rules 1980 – on grounds of non-compliance with Rule 27(3) – Judgement erroneously granted – requirements of rescission under Rule 45 restated – applicant need not establish sufficient cause - application granted.
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12 April 2022 |
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SUMMARY:
Application in terms of Rule 30(1) of the High Court Rules of 1980 – Applicant claiming that respondents took an improper or irregular step – Respondents having not complied with the request for further particulars instead lodged application for Summary Judgement – Applicant claiming that the respondents should have first provided the requested particulars and that the summary judgment application was set down for hearing less than seven days from the date of its delivery – Summary judgement application set aside as improper or irregular step for want of proper notice.
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11 April 2022 |
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SUMMARY
CRIMINAL LAW: murder, attempted robbery, unlawful possession of firearm-accused raising alibi belatedly during trial and bare denials to allegations linking them to the offences committed-evidence to be evaluated as whole not in isolation- circumstantial evidence proves that accused were at the scene and committed the offences-doctrine of common purpose.
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8 April 2022 |
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SUMMARY
Criminal procedure – Appeal – Failure of Magistrate to warn an unrepresented accused that he is facing a serious charge which is punishable by a hefty mandatory minimum sentence – Reviewable irregularity – Circumstances under which Magistrate may conduct proceedings and record evidence in English without assistance of a court interpreter.
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6 April 2022 |
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SUMMARY
Recusal – approach to application for – objective test applied. Application dismissed-no order as to costs.
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4 April 2022 |
| March 2022 |
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Summary
Inheritance to land – claimed by a married woman over arable land allocated to her parents’ house where there is no male issue – the male issue from the first house being nominated as heir – whether the ngala custom confers a right to a married woman to inherit her parents’ immovable property - whether a Form C2 and CC2 may validly be issued for arable land
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22 March 2022 |
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Summary
Application in terms of Rule 30 - to set aside a plea filed out of time as irregular proceeding - whether the irregularity may be condoned where the rules are clear that where a party is barred from filing a pleading, he must move to have the bar lifted - consequences of failure to do so.
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22 March 2022 |
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SUMMARY
CRIMINAL LAW: murder and attempted murder-doctrine of common purpose part of our law- act of one perpetrator in committing a crime imputed on co-perpetrators as a matter of law- self-defence.
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22 March 2022 |
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Summary
Civil procedure-notice to file further affidavits in terms of Rule 8(12 )- notice served with the founding affidavit in terms of which rescission and other relief sought - whether this rule may be utilized by an applicant who prematurely files an application before a cause of complaint arises- as a result founding affidavit lacking facts to support the reliefs sought - whether this rule could be invoked to make good counsel’s remissness in handling a matter - the purpose of the Rule restated - application insupportable on the facts of the matter - application procedurally defective and misconceived.
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21 March 2022 |
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SUMMARY
CONSTITUTIONAL LAW: Application to have section 98(4) of the Money Laundering and Proceeds of Crime Act no.40 of 2008 declared unconstitutional for violating section 12 of the Constitution, in that it permits the concurrent running of criminal and civil proceedings in respect of the same property seized in terms of it- she had argued that, given this scenario, it forces her to disclose her defence in civil proceedings thereby forcing her to waive her right to self-incrimination with the consequence that her pending criminal trial is prejudiced- Held, this section does not force an applicant faced with forfeiture application to incriminate herself, what it rather does is to leave her with the choice between leaving forfeiture application go unchallenged and substantively responding to it, held that for this reason, this section is constitutional.
-The applicant had further sought to have a three-year delay to charge her with criminal offences following her suspension from work, violated her right to be tried within a reasonable time in terms of section 12 of the Constitution, Held, pre-charge delay in preferring charges not protected by the right to speedy trial a provided under section 12 of the Constitution, the reckoning of time within which a person must be tried starts after charges have been read not before.
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17 March 2022 |
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SUMMARY
CIVIL PRACTICE: Applicant lodging an application in circumstances where material dispute of facts reasonably foreseeable- Application dismissed on this basis alone, with costs.
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17 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- Held: Parties had intention of being contractually bound and have acted in their agreement- Held: conduct of the parties clear enough to show intention- Held: Application dismissed with costs.
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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 |