C. of A. (CRI)
No.9 of 1990
IN THE COURT OF_APPEAL_OF__LESOTHO
In the matter between:-
LIRA MOTLOMELO Appellant
THE MAGISTRATE (MRS SEHAHABANE) 1st Respondent
THE DIRECTOR OF PUBLIC PROSECUTION 2nd Respondent
HELD AT MASERU
I. Mahomed, P. L.W.H. Ackermann, J.A. J. Browde, J.A.
The "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 main charge on
count 1 and to the alternative charge on count
2 and these pleas having been accepted by the public prosecutor the
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"appellant" was convicted accordingly and
sentenced to five years' imprisonment on count 1 and to four years'
on count 2, it being, ordered that the two sentences run
Thereafter the "appellant" brought an
application in theHigh Court for an order inter alia directing
that the proceedings in the aforementioned criminal case be reviewed
end set aside. This
application was dismissed by Khedla, J. on the
17th October 1990.
The "appellant" thereafter lodged what
purported to be a notice of appeal on the 30th October, 199G against
of his review application by Kheola, J.
Section 8 (1) of the Court of Appeal Act 1978 provides
"Any party to an appeal to the High Court may
appeal to the Court against the High Court judgment with the leave of
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
The relevant portion of Section 8 (2) of the said Act
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"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
The order made by Khecla, J. in the present matter was
such an order by the High Court in its revisional jurisdiction as
by section 8 (2) of the Act.
Accordingly leave of the High Court, or, if such leave
was refused, leave of this Court, was an indispensable precondition
noting an appeal to this Court.
It is common cause that no leave to appeal was sought
from the High Court against Kheola J's order dismissing appellant's
There is accordingly no proper appeal before us. (See
R.v. Mantsoe C. of A. (CRI) 2 of 1991).
The matter is struck off the roll. Dated at Maseru this
26th day of July, 1991.
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L.W.H. ACKERMANN Judge of Appeal.
I. MAHOMED President of the Court of Appeal
Judge of Appeal.
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