CIV/APN/79/84

IN THE
HIGH COURT OF LESOTHO

In the
Application of

MPITI
MOLAPO

JUDGMENT

Delivered
by the Hon the Chief Justice Mr Justice T S. Cotran on the 6th day of
April 1984

This is
an urgent ex-party application by one Mpiti Molapo who describes
himself as the sole proprietor of Highway Butchery, a mill
farmer,
and speculator in livestock, in which he seeks an order placing his
business in "judicial management" in the
hands of auditors
of his choosing, stay of "civil proceedings and execution in
respect of debts by him" and a further
interim interdict to
restrain his creditors from taking civil action or executing
judgments obtained against him This is an unusual
application

Mr Tsotsi
who appeared for the applicant conceded that the application does not
fall within any provisions of the Insolvency Proclamation
but
maintained that it is competent under the common law. He cited
Fairlie v Raubenheimer 1935 AD 135 especially the judgment of
Beyers
JA which is in Africaans, a language Mr. Tsotsi says he can
understand though not very well Scharff's Trustee v Scharff
1915 TPD
463 I see nothing in these cases which is helpful. He then referred
to Mars in his Law of Insolvency in South Africa 5th
Edition p 2-4
and especially in Re Heynes a case decided

2

on 3rd
June 1717 extracted from the Cape Archives 1679-1728. This chapter
deals with the legal history of insolvency This application
can only
be entertained, if at all, when the creditors of the applicant have
notice of the application. The High Court declines
to act

CHIEF
JUSTICE

6th April
1984

cc Mr
Tsotsi