In Complete Judgement (NA No.) [1995] LSCA 19 (16 January 1995)

In Complete Judgement (NA No.) [1995] LSCA 19 (16 January 1995)

There is no evidence the applicant was lawfully deprived of the headmanship, and the second respondent makes no claim by customary law. The applicant has a clear right to protect.

Citation
[1995] LSCA 19
Parties
Applicant: Applicant; Respondent: First Respondent; Respondent: Second Respondent
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
16 January 1995
Case Number
NA No.
Procedural Posture
Application / Judgment
Outcome
application granted
Legal Topics
Chieftaincy Succession, Disciplinary Proceedings, Hereditary Office
Source Language
English
Administrative Law Customary Law Chieftaincy Succession Disciplinary Proceedings Hereditary Office

Case Brief

Summary, issues, holding and outcome

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Parties

Applicant

Applicant

First Respondent

Respondent

Second Respondent

Respondent

Procedural Posture

Application / Judgment

Legal Issues

  1. 1 Whether the applicant was lawfully deprived of the headmanship of Ha Maieane
  2. 2 Whether the second respondent was lawfully appointed as Headman
  3. 3 Whether the applicant has a right to protect under the relevant Act

Ratio Decidendi

There is no evidence the applicant was lawfully deprived of the headmanship, and the second respondent makes no claim by customary law. The applicant has a clear right to protect.

Court Disposition

application granted

Orders

  • the rule is confirmed with costs to the applicant