THE HIGH COURT OF LESOTHO
In the Application of :
MOKALE MOHAJANE . Applicant
LITHAKONG MOHAJANE 1st Respondent
MAGISTRATE FOR MASERU MAGISTRATE COURT (MR.T.S.
MASAKABEI) 2nd Respondent
Delivered by the Hon Mr. Justice B.K. Molai on the
8th day of May, 1992
This is an urgent application in which the applicant
Herein seeks against the Respondents an order framed in the following
"1 That a Rule Nisi be and is hereby issued
calling upon the Respondents to show cause, if any, on a date and
time to be determined
by this Honourable court why
(a) the period of notice prescribed by the court rules
shall not be dispensed, with on the ground of
the urgency of this application.
the 2nd Respondent shall not beordered to
despatch to theRegistrar of this court withinsuch time
as shall bedetermined by this Honourablecourt the review
proceedings ina certain CC.240/88 of MatsiengCentral Court.
the proceedings on review inthe said CC.240/88 of
MatsiengCentral Court conducted by the2nd Respondent on 7th
December,1988 shall not be reviewed andset aside as being
an order shall not issuedeclaring that a
warrant ofapprehension issued on 11thDecember, 1989 by
a MaseruMagistrate for the apprehensionor the Applicant is
null andvoid and setting it aside.
an order shall not issueauthorising the
applicant tohave access to certain fieldswhich are situate
at Qeme HaMohasoa, in the district ofMaseru, the subject
matter inthe said CC/240/88 until thisapplication has been
(f) the Honourable court shall not grant the applicant
such further and/or alternative relief as it may deem just.
(g) the Respondents shall not be directed to pay the
costs of this application in the event of opposition.
1. That prayer 1(e) herein operate with immediate
effect as an interim order.
Kheola J. granted the interim order as prayed. The 1st
Respondent intimated intention to oppose confirmation of the order.
Respondent did not file notice of intention to oppose and it
may, therefore, be assumed that he will abide by the decision of the
It appears from affidavits, filed by the parties, that
1st Respondent instituted, before the Matala Local Court, a civil
which he claimed against the applicant certain arable
lands. The case was decided in favour of the Respondent The applicant
with decision against which he appealed to the Central
Court of Matsieng. The central court allowed the appeal and set aside
judgment of the Local Court. The Respondent was aggrieved by the
Decision of the Central Court of Matsieng, He consequently approached
the magistrate court with an application that the proceedings be
reviewed and the judgment of Matsieng Central court set aside. The
Magistrate Court duly reviewed the proceedings, set aside the
judgments of Matsieng Central Court and reinstated the decision
of the local court of Matala. The applicant who is unhappy with the
magistrate court's decision has instituted before the High Court,
present application for relief as aforesaid.
When the matter came for argument, the court was
informed that applicant has since passed away and the court should.
therefore confirm the interim order. I am not sure that
this can properly be done. The court is clearly asked to review the
of the magistrate court on review, S.26(a) of
the Central and Local Courts Proclamation No 62 of
provides that where a party is aggrieved by the decision
of a magistrate in the exercise of his revisionary powers such party
appeal to the High Court. The applicant has not appealed to the
High Court as required by the provisions of S.
26(a) of the Central and Local Proclamation,
he has decided to approach this court by way of review.
I am not aware of any provision of the Central and Local CourtsProclamation No 62 of 1938 which entitles the
applicant to approach this court in the manner he has done.
In the circumstances I take the view that this
application is misconceived and ought to be struck of with costs, It
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