IN THE HIGH COURT OF LESOTHO In the
LEHLOLA MOFOKA Applicant V
LINEO LIHANELA Respondent
Delivered by the Hon. Mr. Justice B.K. Molai on
the 16th day of November 1987
The applicant herein applies for leave .to
appeal, to the Court of Appeal, against the decision of this court
dismissing his appeal from the court of the Judicial Commissioner.
The application is opposed by the Respondent.
The facts are sufficiently stated in my
judgment of 28th August, 1986 - CIV/A/2/84 - and there
is no need for me to go over them again.
It is trite law that on a second or subsequent appeal
appeal does not lie to the appellate court unless it is on a point of
See S.17 of the Court of Appeal Act No.10 of 1978
- The present case has been the subject of appeal from the Local
Court to the Central Court, from the Central Court to the Court
the Judicial Commissioner and from the Court of the Judicial
Commissioner to the High Court. It is now sought to lodge a further
appeal from the High Court to the Court of Appeal. There is not the
slightest doubt in my mind that this has to be on a point of
clearly formulated by the applicant.
Now, I am told that the ground on which the appellant
wishes to be granted leave to appeal to the Court
2/ of Appeal .. .
of Appeal is
"That there is no evidence on which a reasonable
tribunal properly instructed could have found that the Respondent was
chief of Mokoena village.
I am not convinced that, as formulated, the ground of
appeal is a point of law. I am inclined to agree with counsel for
that this is a factual point on which this application
ought not to succeed.
That being so, I come to the conclusion that this is not
a fib and proper case to go to the Court of Appeal. The application
leave to appeal to the court of Appeal is accordingly disallowed.
B.K. MOLAI, JUDGE.
For Applicant Mr. Tsotsi, For Respondent
African Law (AfricanLII)
Ghana Law (GhaLII)
Laws of South Africa (Legislation)
Lesotho Law (LesLII)
Liberian Law (LiberLII)
Malawian Law (MalawiLII)
Namibian Law (NamibLII)
Nigerian Law (NigeriaLII)
Sierra Leone Law (SierraLII)
South African Law (SAFLII)
Seychelles Law (SeyLII)
Swaziland Law (SwaziLII)
Tanzania Law (TanzLII)
Ugandan Law (ULII)
Zambian Law (ZamLII)
Zimbabwean Law (ZimLII)
Commonwealth Countries' Law
LII of India
United States Law