C of A
(CIV) No. 5/2001
COURT OF APPEAL OF LESOTHO
appeal was set down for hearing on 3 October 2001. That morning
counsel for the respondent, Mr. Mpopo, informed the court
respondent had died and that there was no instruction for him to
proceed with the appeal. He asked for permission to
the case and that was granted.
the circumstances, as counsel agreed, the only course open is to
adjourn the matter to the next session of this court to enable
appropriate person to decide whether or not to continue with the
opposition to the appeal and, in that event, to appoint legal
difficulty in this regard is that the court does not know whether
the respondent has died intestate or whether she has left
a will. In
the latter event, it follows, we are unable to determine at present
whether an executor has been nominated and appointed
or the identity
of the heirs. However, it is in the interests of justice in order to
avoid undue delays that we should deal with
the matter as best we
information we have is that the respondent's eldest son is Mr.
MOELELI LETSEPE and his address is - MORIFI HA THETSO, MOHALE'SHOEK.
propose that the record of this appeal and this order be served on
him. If he is the person empowered to do so, he is to inform
Registrar of this Court of his decision as regards the appeal.
If he is
not so authorised, he is requested promptly to inform the
as to the identity of the person authorised to take such decision.
result the following order is made:
appeal is adjourned until April 2002 session of the Appeal Court.
record of the appeal and this order is to be forthwith served by the
Registrar on Mr. MOELELI LETSEPE, the eldest son of the
he is authorised to do so in his capacity as executor or heir, he is
ordered to inform the Registrar, within 60 days from the
service, whether or not the appeal is to be opposed.
he is not thus authorised, he is requested to indicate to the
Registrar within 10 days of service the identity of such authorised
that event, the Registrar is to serve the record and this order upon
such person and the provisions of 2 and 3 above are to
apply to him
copy of this order is to be sent to the legal representative of the
OF THE COURT OF APPEAL
at Maseru this .. day of October 2001.
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