Procedure

The School Board-Letlotlo Junior School v Fekefeke (CIV/APN/49/20) [2020] LSHC 44 (05 March 2020);

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CASE SUMMARY:  Civil Procedure: Application to review unterminated proceedings – Applicable principles re-stated – Application dismissed.    

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                         CIV/APN/49/20

 

In the Matter Between:-

 

THE SCHOOL BOARD – LETLOTLO JUNIOR SCHOOL            1ST APPLICANT

‘MALONYA FEKEFEKE                                                                   2ND APPLICANT

PALESA FEKEFEKE                                                                          3RD APPLICANT

Fako v The Director of Public Prosecution (CRI/T/0004/18) [2020] LSHC 20 (29 January 2020);

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Introduction

[1]     This is an application for leave to appeal an interlocutory ruling     dismissing an application for recusal brought against me in the main trial. The applicants are currently standing trial for murder and other charges arising from the events which occurred between 2014 and 2015.

 [2]    The judgment dismissing the recusal application was delivered on 21 January 2020. The parties indicated that they would proceed with the trial on 23 January 2020. On that day, the applicants’ legal practitioners intimated that they had instructions to seek leave to appeal against the judgment of 21 January 2020.

[3]     The applicants, accused 4, 6 and 8, in the main criminal trial, seek an order in the following terms:

(i) That the applicants be granted leave to appeal the decision of His   Lordship, C Hungwe AJ, refusing to recuse himself in CRI/T/0004/18.  

(ii) That the proceedings in CRI/T/0004/18 be suspended pending a determination of the said appeal in the event that leave is granted.

CRI/T/0004/18

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                   

 

In the matter between:

 

MOTSAMAI FAKO                                                            1st APPLICANT

MOTSOANE MACHAI                                                     2nd APPLICANT

TSI’TSO RAMOHOLI                                                       3rd APPLICANT

 

Speaker of The National Assembly v Tampane (CIV/APN/235/18) [2019] LSHC 35 (20 August 2019);

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Application for recusal - Court having stated that “a procedural right for one to be accorded rules of natural justice transcends pre-trial including pre-charge and trial phases in any judicial or quasi judicial processes.  An impression gathered from the papers filed by the applicant is that her pre-charge trial right which is a dimension for of her pre-trial rights were transgressed in that the Speaker had not given her a hearing before referring the matter to the fourth Respondent for a disciplinary measure.  “Court having expressed this as its prima facie impression when making a ruling on the points in limine – Applicants having equated it with indication of biasness on the part of the court.

 

Held:

 

1. Respondents have not satisfied any one of the elements of the application for recusal;

2. Application is dismissed with costs.

 

IN THE HIGH COURT OF LESOTHO

(HELD AT MASERU)                                                                                                                                                           

                                                 CIV/APN/235/2018

In the matter between:-

 

 

SPEAKER OF THE NATIONAL ASSEMBLY                        1ST APPLICANT

CLERK OF THE NATIONAL ASSEMBLY                            2ND APPLICANT

Tau v Makhetha (CIV/T/217/18) [2019] LSHC 13 (14 February 2019);

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                                                                                                                      CIV/T/217/18

IN THE HIGH COURT OF LESOTHO

In the matter between

TLALI TAU                                                                                               APPLICANT

And

‘MAMPHO MAKHETHA                                                                         1ST RESPONDENT

Isaac Joseph t/a Isaac Food Suppliers v Batloung Ts'abi and Green House Joint Venture (CCT/0479/2014 & CCT/0023/2015) [2015] LSHC 61 (10 December 2015);

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CCT/0479/14

CCT/0023/15

IN THE HIGH COURT OF LESOTHO

(Commercial Division)

 

In the matter between:

 

ISAAC JOSEPH t/a ISAACS FOOD SUPPLIERS

(PTY) LTD                                                                                                    APPLICANT

 

AND

 

BATLOUNG TSABI’S AND GREEN HOUSE                           1st RESPONDENT

Mookoli Holdings t/a Mookoli Infra-Cons (Pty) Ltd v White Life Consultants (Pty) Ltd (CCT/0254/18) [2018] LSHC 13 (09 November 2018);

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CCT/0254/18

IN THE HIGH COURT OF LESOTHO

(Commercial Division)

 

In the matter between:

 

MOOKOLI HOLDINGS T/A MOOKOLI

INFRA-CONS (PTY) LTD.                                                            PLAINTIFF

 

AND

 

WHITE LIFE CONSULTANTS (PTY) LTD.                              DEFENDANT

 

JUDGMENT

 

Coram                 :        L. Chaka-Makhooane J

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