Motor vehicle accident – Negligence – Res ipsa loquitor – Application of – Res inter alios actae – Application of – Subrogation of Claim – Contigencies – calculations.

The Applicant had not sought leave to sue Respondents in terms of Section 180 of Companies` Act 1967 as previously pronounced by the Court of Appeal having applied after a number of years, Condonation was refused.

Civil Practice –Applicant launching an application for declaration that when she was dismissed as Independent Electoral Commission’s employee she had already resigned – the 1st and 2nd respondent raising a point in limine that this court does not have jurisdiction to deal with this matter as it falls within the jurisdiction of the  Labour Court – point in limine upheld.

Held:  Further that the policy consideration of creating a specialized labour dispute resolution channels have to be respected and not undermined by bringing matters which fall within the Labour Court in the High Court.

Held:  Further that even though the applicant has sought a declarator which the High Court in terms of the High Court Act, of 1978, is empowered to entertain, the court exercised its discretion to refuse to deal with the declarators as the prayers sought can competently be dealt with by the Labour Court.             

The appellant wishes to appeal against an order of the High Court releasing a vehicle, confiscated by the Lesotho Police, to the sixth respondent. The vehicle is no longer in Lesotho. Condonation is required for several aspects of appellant’s conduct. In view of, inter alia, the prospects of success of this appeal, especially the fact that its outcome would have no practical effect or benefit for the appellant, condonation is not granted. The matter is struck off the roll of this Court, with costs.

Minister forming opinion directors of state enterprise unable or unfit to discharge function of office of director – Minister requiring directors to show cause why should not be relived of duties as directors – such directors making representations; Minister relieving directors of appointment thereafter;

High Court setting aside Minister’s decision on grounds Minister not entitled to form opinion before hearing directors and audi alteram partem rule not observed;

On appeal, held directors given opportunity to be heard – Minister entitled to, and has to, form opinion before requiring directors to show cause; further, in terms of s 8(7) of Lesotho National Development Act 1967, director ceases to hold office upon Minister forming opinion director is unable or unfit to hold office and instructing director to vacate office;

Approach to consolidation of cases and to joinder of parties discussed

Appeal against judgment– Court a quo misplaced part of the record- appellant applying for condonation for failure to comply with the rules- parties agreeing that in the absence of a proper record, condonation applications could not be considered- matter remitted to court for trial de novo before a different judge in order to rectify the mistrial

An appeal cannot be heard against a judgment of which there is no indication in the record before a court of appeal, which may indeed have been reserved and not delivered. Thus this matter was struck off the roll. No cost order is made, as both parties have contributed to the waste of time and other judicial resources.

Appellants obtaining relief in High Court but lodging appeal nonetheless- appeal essentially against reasoning of court – real issue in dispute between parties having been determined appeal of no practical effect;

Court holding appeal lies only against substantive judgment or order of  court and not reasoning of court-  appeal accordingly struck off roll with costs

An application to review the final judgment of the Court of Appeal- there is inherent power in the Apex Court to review its decisions, when circumstances so dictate.

Application for review of this court on judgment –mistake attributed to this court and raised by applicant- application papers not in order- matter postponed to next session.