C. of A.
(CIV) No.11 of 1984

IN THE
LESOTHO COURT OF APPEAL

In the
Application of :

MOKETE
MOTETE 1st Applicant

LESOLE
THAMAE 2nd Applicant

LEFU
TSOEU 3rd Applicant

KHOTSO
BOLEPO 4th Applicant

MARITINTSI
LECHEKO 5th Applicant

KHASOLE
SEKESE 6th Applicant

MPHOSI
NKOPELE 7th Applicant

and

NTSANE
NTSANE Respondent

HELD AT
MASERU

CORAM:

Schutz P.

Mahomed
J.A.

Wentzel
J.A.

JUDGMENT

Wentzel
J.A.

This is
an application for leave to appeal to this Court against a judgment
of the High Court allowing an appeal to it and reinstating
the
decision of the trial Court.

The
events in issue occurred in 1979 and proceedings opened in that year
in the Likalaneng Local Court. Thereafter the matter took
its course
through the Central Court, then the Court of the Judicial
Commissioner and on to the High Court which gave its judgment
on
8/7/83.

The
applicants sought a postponement which was refused and Mr. Moorosi
then moved his application for condonation and leave to appeal.

2

Mr.
Moorosi was invited in the course of submissions on that application
to address the Court on the limitation of the right of
appeal
contained in Section 17 of the Court of Appeal Act 10 of 1978, namely
that a question of law and not of fact must be raised.

(See in this regard):

Lesotho Union of Bank Employees v. Standard Bank Ltd.

C. of A. (CIV) No.13 of 1984

Matoane v. Phillip C. of A. (CIV) No.10 of 1984

Molapo v. Rex C. of A. (CRI) No.5 of 1984

On the
face of it, of the two matters which Mr. Moorosi proposed to raise on
appeal the second is one of fact dealing as it does
with the issue
whether the trial Court's finding was justified on the evidence. The
first raised the question whether a judgment
given by the Local Court
for the delivery of livestock without an alternative sounding in
money is competent. We were told from
the Bar that this is done in
the customary Courts but we express no view on that as it seems to us
that the explanations given
for the inordinate delay in bringing the
application are not satisfactory. (See P E Bosman Transport Works
Committee & others
vs Piet Bosman Transport (Pty)Ltd.1980(4) SA
794 (AD) of Chetty vs Law Society, Transvaal 1985(2) SA 756 (AD).

Accordingly
the application for condonation and leave to appeal is dismissed with
costs.

3

(Sgd.)...E.M.Wentzel

E.M. WENTZEL

Judge of Appeal

I agree
(Sgd.) W.P. Schutz

W.P.SCHUTZ

President

I agree
(Sgd.) I. Mahomed

I. MAHOMED

Judge of Appeal

Delivered
on this 26th day of July 1985 at MASERU.

For
Applicants : Mr. Moorosi

For
Respondent : Mr. Sello