CIV/APN/Z/84
IN THE HIGH COURT OF LESOTHO
In the Application
LEHLOLA MOFOKA Applicant
V
LINEO LIHANELA Respondent
JUDGMENT
Delivered by the Hon. Mr. Justice B.K. Molai on the 16th day of November 1987
The applicant herein applies for leave .to appeal, to the Court of Appeal, against the decision of this court dismissing his appeal from the court of the Judicial Commissioner. The application is opposed by the Respondent.
The facts are sufficiently stated in my judgment of 28th August, 1986 - CIV/A/2/84 - and there is no need for me to go over them again.
It is trite law that on a second or subsequent appeal appeal does not lie to the appellate court unless it is on a point of law - See S.17 of the Court of Appeal Act No.10 of 1978 - The present case has been the subject of appeal from the Local Court to the Central Court, from the Central Court to the Court of the Judicial Commissioner and from the Court of the Judicial Commissioner to the High Court. It is now sought to lodge a further appeal from the High Court to the Court of Appeal. There is not the slightest doubt in my mind that this has to be on a point of law clearly formulated by the applicant.
Now, I am told that the ground on which the appellant wishes to be granted leave to appeal to the Court
2
of Appeal is.
"That there is no evidence on which a reasonable tribunal properly instructed could have found that the Respondent was the
gazetted chief of Mokoena village.
I am not convinced that, as formulated, the ground of appeal is a point of law. I am inclined to agree with counsel for the Respondent that this is a factual point on which this application ought not to succeed.
That being so, I come to the conclusion that this is not a fib and proper case to go to the Court of Appeal. The application for leave to appeal to the court of Appeal is accordingly disallowed.
B.K. MOLAI,
JUDGE.
16th November, 1987.
For Applicant Mr. Tsotsi,
For Respondent Mr. Moorosi,