CIV/APN/374/2006

IN THE
HIGH COURT OF LESOTHO

HELD AT
MASERU

In the
matter between: -

MAKHALA
TAOLI APPLICANT

AND

THE
MINISTER FOR THE MINISTRY

OF
JUSTICE 1st RESPONDENT

P.S
MINISTRY OF JUSTICE 2nd RESPONDENT

ATTORNEY-GENERAL
3rd RESPONDENT

JUDGMENT

Delivered
by the Honourable Mr. Justice G.N. Mofolo On the 17th October, 2007

In this
case the deceased was fatally injured while on top of a municipality
vehicle going about its duties.

The
applicant, deceased's wife contacted Legal Aid's Office for a third
party claim in respect of damages suffered as a result of
her
husband's death. It is not clear what happened

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but Legal
Aid, although the claim had been lodged with them for action, it
appears the claim was not given attention.

The
applicant frustrated was referred to the Ministry of Justice and
Human Rights to which it was claimed Legal Aid properly belonged
and
the Principal Secretary of the Ministry Ms Lebotsa became involved in
the matter. The matter did proceed before Maqutu J. handled
by Mr.
Habasisa for the applicant and it appears some sort of settlement was
reached for an amount of M10,000.00 was paid by Ms
Lebotsa for the
Ministry to the applicant who was not satisfied with the amount.

When the
matter came before me by Mr. Habasisa to enforce the balance, a claim
arose that Mr. Habasisa was not properly briefed
making him abandon
the matter and the applicant Mrs. Makhala Taoli appeared in person
with Ms Lebotsa undertaking to pursue the
matter to its logical end.

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On 17
October, 2007 being a date to which the application was postponed
appeared Mrs. Taoli, the applicant and Ms Lebotsa the latter

indicating there was a deed of settlement reached which she intended
converting into an order of court in terms of which the Ministry
of
Justice, Human Rights and Correctional Services had undertaken to pay
the applicant Mrs. Makhala Taoli the sum of twenty thousand
Maloti
(M20,000.00) in full and final settlement of the amount owing plus a
sum of five thousand Maloti (M5,000.00) as costs of
litigation. The
settlement was signed before me on the said 17th day of October,
2007, the settlement having been converted into
an order of court.

By Order
of Court.

G.N.
MOFOLO

JUDGE

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