CIV\APN\158\93 IN THE HIGH COURT OF
LESOTHO In the Application of :
'MAQENTSO MOHAPI Applicant
vREMAKETSE MOHAPI Respondent
Delivered by the Hon, Mr. Justice M.L. Lehohla on the
4th day of June, 1993
A fair amount of what goes into this Judgment has been
debated during the proceedings here.
I have no doubt that the respondent has committed
Contempt of Court.
I am not only certain of that but even through the
evidence which has been led here it has been shown that he
this contempt because of or under the colour
of a claim that the place belongs to the parental family
notwithstanding the judgment
in which it was clearly set out in 1982
that that place belongs to the applicant.
While in the first place he regarded the entire place as
belonging to him, through cross-examination it was brought to surface
he tended to believe that there was a certain portion which was
reserved to him in respect of which he could exercise exclusive
But here again he was very wrong because that was not what
the judgment said. It said, or shall I say the judgment only showed
he was being tolerated on that parcel of land. He was staying
there at the will of the applicant. The applicant could any time
eject him from there.
He has been carrying on in respect of that property in
the most offensive of manners: cutting the trees and grazing stock on
mealies or whatever was planted there.
I said that was an attitude which is quite consistent
with what he perceived to be his place contrary to the judgment which
On the other hand the attitude of the applicant can be
regarded as exemplary and admirable.
There should be - and she can't be blamed for this -
(there should be) a stage when one has to say enough is enough. I
I can fault her for saying that a halt has to be called!
One thing that stands out significantly in the
respondent's attitude is that he has been behaving quite well up to a
in regard to the judgment which had been given in 1982.
But he manifested this unseemly behavior in 1992 - at least that is
prompted the applicant to come before this Court today.
I am quite satisfied from what the applicant has said
that even before 1992 the respondent has been behaving in this
towards her property. Much as the Court would
hesitate or appear to be very reluctant to commit to prison a man who
contempt the circumstances of the respondent leave the
Court with no choice whatsoever but to send him to jail.
The respondent is sentenced to 3 months' imprisonment of
which half is suspended for a year on condition that he be not found
of contempt of court committed during the period of the
JUDGE 4th June, 1993
For Applicant : Mr. Maqutu
Respondent : Mr. Monaphathi
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