CIV/APN/202/93

IN THE
COURT OF DISPUTED RETURNS OF LESOTHO

In the
matter between:

MICHAEL
PHOSO MOKETA PETITIONER

V

DAVID
MOCHOCHOKO 1ST RESPONDENT

ATTORNEY-GENERAL
2ND RESPONDENT

Before
Cullinan C.J.. Molai J. and Kheola J. on the 2nd day of June. 1993.

For the
Petitioner : In Person

For the
1st Respondent : Mr. L. Pheko

For the
2nd Respondent : Mr. K.R.K. Tampi,

Deputy Attorney-General

RULING

CULLINAN
C.J. delivered the Court's ruling:

We have
listened carefully to the submissions. We feel compelled to observe
that it is completely new to our experience that neither
the
petitioner nor his lawyer attended court on the hearing of an
election petition. When one considers the gravity of the allegations,

which are common to the vast majority of the 28 petitions before the
Court, we can only say that the High

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Court,
sitting as the Court of Disputed Returns, is being treated in a
cavalier manner.

We agree
with Mr.Pheko that the petitioner himself is also to blame. He
himself did not attend Court yesterday when the petition
was called
on.

The
matter was adjourned yesterday. We will grant one final adjournment
to Monday 7th June. The petitioner is entitled to be represented
by a
lawyer of his own choice, but also one who is available on that date
and who is fully briefed. We will grant no more adjournments

thereafter: if the petitioner is not represented on 7th June by a
lawyer who is fully briefed and ready to proceed, then either
the
petitioner will proceed unrepresented, or failing that, the petition
will be dismissed.

If the
petition is dismissed, then the next ensuing petition will be called
on in the order contained in the notice issued by the
Registrar on
the 25th of May, 1993 to all the parties concerned. The remaining
petitions will be called on in the same order immediately
after the
conclusion of the preceding petition.

We award
wasted costs of yesterday and today to the respondents to this
present petition in any event. The Court adjourns to Monday
7th June
at 9.30 a.m.

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Delivered
at Maseru this 2nd day of June. 1993.

B.P.
CULLINAN

CHIEF
JUSTICE

B.K.MOLAI

JUDGE

J.L.
KHEOLA

JUDGE