C of A
(CIV) No. 10 of 2003

IN THE
COURT OF APPEAL OF LESOTHO

In the
matter between:

LESOTHO
NATIONAL GENERAL INSURANCE

COMPANY
LIMITED APPELLANT

and

SALEMANE
PHAFANE RESPONDENT

Held at
Maseru on 2nd October 2003.

CORAM:

Grosskopf,

Plewman
and

Smalberger
JJA.

RULING

Grosskopf,
JA

1. It is
common cause between the parties that as at the present date the
following procedures in the High Court have not been disposed
of-
these being:

1.1 An application to set aside as an irregular proceeding the
notice of set down which led to a judgment by default being granted

in the main action;

1.2 An application for rescission of the judgment by default
referred to in 1.1 above.

1.3 An application to stay execution on the said judgment.

2

2. It
also appears that no steps have been taken to set aside the notice of
appeal.

3. In the
light of the aforesaid the following order is made:

3.1 No order is made on the notice of motion of the respondent dated
21 August 2003.

3.2 The appeal is postponed sine die pending the resolution of the
applications referred to in 1 above and may not be re-instated
until
an affidavit by the appellant's attorney is filed stating that the
above applications have been resolved in the High Court.

3.3 The costs of today's hearing and the costs of the respondent's
application are reserved to be dealt with by this Court when
the
appeal is finally heard.

F.H:
Grosskopf'

JUSTICE
OF APPEAL

I agree

C Plewman

JUSTICE
OF APPEAL

I agree :

J.W.Smalberger

JUSTICE
OF APPEAL

Delivered
at Maseru on this 2nd day of October 2003.

For the
Appellant : Mr. Loubser, instructed by Webber Newdigate

For the
Respondent: Mr. M. Ntlhoki