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,