IN C. of
A. ( CIV ) 6/88
APPEAL COURT OF LESOTHO
MOOROSI : I am for the Respondent.
Who is Counsel for the Appellant?
MOOROSI: It is Mr. Kambule, My Lord.
He has not been here, My Lord, since
the beginning of this Session.
J.P.: Mr. Kambule has signed this. Was the
Roll for this Session served on his office. And at the stage that you
brought this to his notice, did he know that the matter was
J.P.: Well, Mr. Moorosi, what are you asking
J.: In the matter the Applicant filed the
Application for Condonation of the late filing of the Notice of
Appeal and this should be on a Record which is being prepared.
MOOROSI: Well, My Lord, firstly, well, I would
ask Your Lordships to dismiss the Appeal. Firstly for lack of
prosecution and now that, if I heard Madame Registrar very well,
the Notice of Appeal was insufficiently stamped or the papers were
insufficiently stamped, it would mean that there is no
this court. But since it has
been placed on the roll, I ask that it should be dismissed, My Lord.
J.: And I should think you are going to
ask that the Condonation Application should be dismissed as well?
MOOROSI: Yes, My Lord, the application.
J.: Yes, and you are asking for Costs?
MOOROSI: Yes, My Lord.
J.P: Well, I would suggest that the Order
then is that the Condonation Application be dismissed with Costs and
that there is no appeal.
J.: In this matter the Applicant files
the Condonation for the late filing of the Notice of Appeal, and this
should be held on a Record which is being prepared. Mr. Moorosi
the Respondent has asked that the Application for Condonation be
It appears to us (to me) that that is the proper Order to make,and
now therefore, I am making an Order dismissing the Application
J.P.: I agree, and I would add an observation,
that is, I regard it as grossly discourteous on the part of
Advocate Kambule not to have informed this court. that this Appeal
would not have to be an opposed matter. This court has greatly been
imposed upon at this Session and the previous one and had its
wasted and over again, and this is another example.
I also agree.
J.: Well then it is so ordered. The court
will adjourn to be reconstituted.
at MASERU this 24th day of January, 1990.
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