CIV\APN\158\93

IN THE
HIGH COURT OF LESOTHO

In the
Application of :

'MAQENTSO
MOHAPI Applicant

v

REMAKETSE
MOHAPI Respondent

JUDGMENT

Delivered
by the Hon. Mr. Justice M,L. Lehohla on the 4th day of June, 1993

A fair
amount of what goes into this Judgment has been debated during the
proceedings here.

I have no
doubt that the respondent has committed Contempt of Court.

I am not
only certain of that but even through the evidence which has been led
here it has been shown that he deliberately committed
this contempt
because of or under the colour of a claim that the place belongs to
the parental family notwithstanding the judgment
in which it was
clearly set out in 1982 that that place belongs to the applicant.

2

While in
the first place he regarded the entire place as belonging to him,
through cross-examination it was brought to surface that
he tended to
believe that there was a certain portion which was reserved to him in
respect of which he could exercise exclusive
rights. But here again
he was very wrong because that was not what the judgment said. It
said, or shall I say the judgment only
showed that he was being
tolerated on that parcel of land. He was staying there at the will of
the applicant. The applicant could
any time eject him from there.

He has
been carrying on in respect of that property in the most offensive of
manners: cutting the trees and grazing stock on the
applicant's
mealies or whatever was planted there,

I said
that was an attitude which is quite consistent with what he perceived
to be his place contrary to the judgment which was
given.

On the
other hand the attitude of the applicant can be regarded as exemplary
and admirable.

There
should be - and she can't be blamed for this - (there should be) a
stage when one has to say enough is enough. I don't

think I
can fault her for saying that a halt has to be called!

3

One thing
that stands out significantly in the respondent's attitude is that he
has been behaving quite well up to a certain stage
in regard to the
judgment which had been given in 1982. But he manifested this
unseemly behavior in 1992 - at least that is what
prompted the
applicant to come before this Court today.

I am
quite satisfied from what the applicant has said that even before
1992 the respondent has been behaving in this unseemly manner
towards
her property. Much as the Court would hesitate or appear to be very
reluctant to commit to prison a man who has committed
contempt the
circumstances of the respondent leave the Court with no choice
whatsoever but to send him to jail.

The
respondent is sentenced to 3 months' imprisonment of which half is
suspended for a year on condition that he be not found guilty
of
contempt of court committed during the period of the suspension.

JUDGE 4th
June, 1993

For
Applicant : Mr, Maqutu

For
Respondent : Mr. Monaphathi