Hlajoane v Letsika (C of A (CIV) 66 of 2018) [2018] LSCA 23 (7 December 2018)
The appeal is allowed, the decision of the lower court is set aside, and the application is dismissed with no order as to costs.
Source-derived case information.
- Citation
- [2018] LSCA 23
- Parties
- 1st Appellant: Justice ‘Maseshophe Hlajoane; 2nd Appellant: The Prime Minister; 3rd Appellant: The Minister of Law, Human Rights Constitutional Affairs; 4th Appellant: The Minister of Justice & Correctional Services; 5th Appellant: The Attorney General; 1st Respondent: Qhalehang Letsika; 2nd Respondent: Karabo Mohau; 3rd Respondent: Zwelakhe Mda
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- C of A (CIV) 66 of 2018
- Procedural Posture
- Civil Appeal / Appeal Judgment
- Outcome
- Appeal allowed; application dismissed; no order as to costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Justice ‘Maseshophe Hlajoane
1st Appellant
The Prime Minister
2nd Appellant
The Minister of Law, Human Rights Constitutional Affairs
3rd Appellant
The Minister of Justice & Correctional Services
4th Appellant
The Attorney General
5th Appellant
Qhalehang Letsika
1st Respondent
Karabo Mohau
2nd Respondent
Zwelakhe Mda
3rd Respondent
Procedural Posture
Civil Appeal / Appeal Judgment
Ratio Decidendi
The appeal is allowed, the decision of the lower court is set aside, and the application is dismissed with no order as to costs.
Court Disposition
Appeal allowed; application dismissed; no order as to costs
Orders
- The appeal succeeds with no order as to costs of the appeal.
- The decision of the court a quo is set aside and replaced with: 'The application is dismissed with no order as to costs.'
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF LESOTHO HELD AT MASERU C OF A (CIV) No.66/2018 CONS CASE NO.09/2018 In the matter between:- JUSTICE ‘MASESHOPHE HLAJOANE 1ST APPELLANT THE PRIME MINISTER 2ND APPELLANT THE MINISTER OF LAW, HUMAN RIGHTS CONSTITUTIONAL AFFAIRS 3RD APPELLANT THE MINISTER OF JUSTICE & CORRECTIONAL SERVICES THE ATTORNEY GENERAL 4TH APPELLANT 5TH APPELLANT And QHALEHANG LETSIKA KARABO MOHAU ZWELAKHE MDA 1ST RESPONDENT 2ND RESPONDENT 3RD RESPONDENT CORAM: DR MUSONDA AJA CHINHENGO AJA MTSHIYA AJA PEETE AJA MOKHESI AJA HEARD: 7 December 2018 DELIVERED: 7 December 2018 ORDER: 1. 2. The Appeal succeeds with no order as to costs of the appeal. The decision of the court a quo is set aside and replaced with the following. “The application is dismissed with no order as to costs”. -------------------- DR MUSONDA AJA ACTING JUDGE OF APPEAL ------------------- CHINHENGO AJA ACTING JUDGE OF APPEAL ------------------ MTSHIYA AJA ACTING JUDGE OF APPEAL ----------------- PEETE AJA ACTING JUDGE OF APPEAL I agree I agree I agree: I agree: -------------- MOKHESI AJA ACTING JUDGE OF APPEAL For Appellants: Mr Rasekoai, Mr Ndebele, Adv. Lephuthing For Respondents: No Appearance for Respondents