C. of A.
(CRI) No.9 of 1990
COURT OF APPEAL OF LESOTHO
MAGISTRATE (MRS SEHAHABANE) 1st Respondent
DIRECTOR OF PUBLIC PROSECUTION 2nd Respondent
"appellant" was charged in the Magistrate's Court for the
district of Maseru on two counts of theft of motor cars,
alternatively of contravention of section 344 (1) of the Criminal
Procedure and Evidence Act 1961. Having pleaded guilty to the
charge on count 1 and to the alternative charge on count 2 and these
pleas having been accepted by the public prosecutor the
was convicted accordingly and sentenced to five years' imprisonment
on count 1 and to four years' imprisonment
on count 2, it being,
ordered that the two sentences run concurrently.
the "appellant" brought an application in the High Court
for an order inter alia directing that the proceedings
aforementioned criminal case be reviewed end set aside. This
application was dismissed by Khedla, J. on the 17th October
"appellant" thereafter lodged what purported to be a notice
of appeal on the 30th October, 199G against the dismissal
review application by Kheola, J.
(1) of the Court of Appeal Act 1978 provides that:-
party to an appeal to the High Court may appeal to the Court against
the High Court judgment with the leave of the judge
of the High
Court, or, when such leave is refused, with the leave of the Court on
any ground of appeal which involves a question
of law but not on a
question of fact nor against severity of sentence."
relevant portion of Section 8 (2) of the said Act provides that:-
"For the purposes of this section an order made by the High
Court in its revisional jurisdiction ........ shall be deemed
to be a
decision of the High Court in its appellate jurisdiction."
made by Khecla, J. in the present matter was such an order by the
High Court in its revisional jurisdiction as envisaged
by section 8
(2) of the Act.
leave of the High Court, or, if such leave was refused, leave of this
Court, was an indispensable precondition
for noting an appeal to
common cause that no leave to appeal was sought from the High Court
against Kheola J's order dismissing appellant's application
accordingly no proper appeal before us. (See R.v. Mantsoe C. of A.
(CRI) 2 of 1991).
matter is struck off the roll. Dated at Maseru this 26th day of July,
ACKERMANN Judge of Appeal.
President of the Court of Appeal
Judge of Appeal.
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