Eminence Electro Mechanical & Construction (PTY) LTD V Mafeteng District Council & 2 Others (C of A (CIV) 45/2025) [2025] LSCA 69 (7 November 2025)

The order appealed against was interlocutory in nature and leave to appeal under section 16(1)(b) of the Court of Appeal Act 1978 was required but not obtained; the appeal is incompetent and must be struck off the roll.

Citation: [2025] LSCA 69
Parties: Appellant: Eminence Electro Mechanical & Construction (Pty) Ltd; 1st Respondent: Mafeteng District Council; 2nd Respondent: Ministry of Local Government, Chieftainship, Home Affairs and Police; 3rd Respondent: Attorney General
Court: Court of Appeal
Jurisdiction: Lesotho
Judgment Date: 7 November 2025
Case Number: C of A (CIV) 45/2025
Procedural Posture: Civil Appeal / Appeal Against Interlocutory Order
Outcome: appeal struck off the roll
Legal Topics: Interlocutory Orders, Leave to Appeal, Jurisdiction, Urgency
Source Language: English

Civil Procedure Interlocutory Orders Leave to Appeal Jurisdiction Urgency

Case Brief

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Parties

Eminence Electro Mechanical & Construction (Pty) Ltd

Appellant

Mafeteng District Council

1st Respondent

Ministry of Local Government, Chieftainship, Home Affairs and Police

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Civil Appeal / Appeal Against Interlocutory Order

Legal Issues

1 Whether an order striking a matter off the roll for want of urgency is interlocutory
2 Whether leave to appeal was required under section 16(1)(b) of the Court of Appeal Act 1978

Ratio Decidendi

Court Disposition

appeal struck off the roll

Orders

The appeal is struck off the roll for want of leave under section 16(1)(b) of the Court of Appeal Act 1978.
No order as to costs.