Basotho Congress Party v Abdulla (CCT/0290/2017) [2022] LSHC 156 (14 December 2022)

Basotho Congress Party v Abdulla (CCT/0290/2017) [2022] LSHC 156 (14 December 2022)

The application for stay of execution is untenable because the applicant did not seek leave of the Court of Appeal to appeal an interlocutory provisional sentence judgment, rendering the appeal and the application defective and irregular.

Citation
[2022] LSHC 156
Parties
Applicant/plaintiff: Basotho Congress Party; 1st Respondent: Mumtaz Abdulla; 2nd Respondent: Shaheed Abdulla; 3rd Respondent: Executor-Estate of Unice Cassim Abdulla; 4th Respondent: Master of High Court; 5th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 December 2022
Case Number
CCT/0290/2017
Procedural Posture
Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution
Outcome
application dismissed with costs on attorney and client scale
Legal Topics
Stay of Execution, Provisional Sentence, Leave to Appeal, Interlocutory Orders
Source Language
English
Civil Procedure Stay of Execution Provisional Sentence Leave to Appeal Interlocutory Orders

Case Brief

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Parties

Basotho Congress Party

Applicant/plaintiff

Mumtaz Abdulla

1st Respondent

Shaheed Abdulla

2nd Respondent

Executor-Estate of Unice Cassim Abdulla

3rd Respondent

Master of High Court

4th Respondent

The Attorney General

5th Respondent

Procedural Posture

Application for Stay of Execution Pending Appeal / Ruling on Application for Stay of Execution

Legal Issues

  1. 1 Whether an application for stay of execution is tenable without first seeking leave to appeal against a provisional sentence judgment

Ratio Decidendi

The application for stay of execution is untenable because the applicant did not seek leave of the Court of Appeal to appeal an interlocutory provisional sentence judgment, rendering the appeal and the application defective and irregular.

Court Disposition

application dismissed with costs on attorney and client scale

Orders

  • The application is dismissed with costs on attorney and client scale.