FLYNOTE Delict—Vicarious liability—Police misconduct—Unprovoked assault by police officer—Plaintiff assaulted in public by officer in uniform driving police van—Whether Commissioner of Police vicariously liable for tortious acts of unidentified officer—Whether sufficient prima facie case made—Relevance of failure to cross-examine—Deviation cases and 2 2 "close connection" test—Absolution from the instance—Whether justified.
FLYNOTE Appeal – Labour law – Application for leave to appeal – Labour Appeal Court having granted appellant full relief sought – Whether remittal to DDPR justified – No reasonable 2 prospects of success shown – Application dismissed with costs.
FLYNOTE Judgment — Interpretation of Court Orders — Functus Officio — Judicial finality practice — Final judgment — Whether Court may alter or clarify judgment after it has been delivered — Principle of functus officio — Whether clarification amounted to alteration of substance.
FLYNOTE Police – Malicious arrest – Claim for damages – Special plea of prescription – Police Service Act 1998, s 77 – Whether High Court entitled to determine prescription without hearing oral evidence – Failure to adduce evidence on interruption of prescription – Whether remittal appropriate – Use of “torture” in absence of supporting evidence.
Land law—Jurisdiction—Whether dispute falls within statutory jurisdiction of the Land Court—Meaning of “concerning land” under section 73 of the Land Act 2010—Characterisation of claims sounding in contract or delict as opposed to vindicatory actions—Claim based on familial arrangement concerning proceeds of sale of land—Proper forum for adjudication.
FLYNOTE Customary Law – Succession – Jurisdiction – Declaration of customary heir – Whether prior family arbitration under section 14(4) of the Laws of Lerotholi is a jurisdictional precondition – Distinction between questions of status and property disputes – Misinterpretation of section 14(4) – High Court's constitutional authority to declare heirship
FLYNOTE Civil Procedure – Leave to appeal – Interlocutory order – Amendment of pleadings – Piecemeal appeals – Withdrawal of application – Costs.
FLYNOTE Constitutional and Administrative Law — Employment Law — Public Service — Termination by Notice — Clause 4 “No Fault” Termination Clause — Whether Audi Alteram Partem Applicable — Whether Termination Implied Misconduct — Jurisdictional Overreach in Granting Relief Not Sought — Freedom of Contract — Sanctity of Contract
FLYNOTE Company Law – De Facto Directorship – Validity of Round Robin Resolution – Procedural Standing – Security for Costs – Appeal Procedure – Judicial Discipline – Companies Act 2011 (Lesotho), ss 56, 58 – Court of Appeal Rules 2006, Rule 2 8(1) and Rule 15 – Effect of Non-notification of Directors – Majority and Dissenting Opinions.
ORDER
The accused is sentenced to eighteen (18) years imprisonment