Khotso Mphaki V The Learned Magistrate Qacha's Nek Magistrate & 3 Others (C of A (CIV) 45/2024) [2025] LSCA 19 (2 May 2025)

Khotso Mphaki V The Learned Magistrate Qacha's Nek Magistrate & 3 Others (C of A (CIV) 45/2024) [2025] LSCA 19 (2 May 2025)

The postponement was granted in the interest of justice due to the 3rd respondent's financial hardship and absence of opposition by the appellant; the stay of execution was implicitly preserved and costs of the postponement were made costs in the cause.

Citation
[2025] LSCA 19
Parties
Appellant: Khotso Mphaki; 1st Respondent: The Learned Magistrate Qacha’s Nek Magistrate; 2nd Respondent: Clerk of Court Qacha’s Nek Magistrate Court; 3rd Respondent: Mafa Mphutlane Ntsaa Sejanamane
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
2 May 2025
Case Number
C of A (CIV) 45/2024
Procedural Posture
Civil Appeal / Interlocutory Application for Postponement
Outcome
Postponement granted; stay of execution continues; costs in the cause.
Legal Topics
Postponement, Representation, Stay of Execution, Costs
Source Language
English
Civil Procedure Postponement Representation Stay of Execution Costs

Case Brief

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Parties

Khotso Mphaki

Appellant

The Learned Magistrate Qacha’s Nek Magistrate

1st Respondent

Clerk of Court Qacha’s Nek Magistrate Court

2nd Respondent

Mafa Mphutlane Ntsaa Sejanamane

3rd Respondent

Procedural Posture

Civil Appeal / Interlocutory Application for Postponement

Legal Issues

  1. 1 Whether the appeal should be postponed due to the 3rd respondent's lack of representation and financial hardship
  2. 2 Whether the stay of execution should continue during the postponement
  3. 3 Who should bear the costs of the postponement

Ratio Decidendi

The postponement was granted in the interest of justice due to the 3rd respondent's financial hardship and absence of opposition by the appellant; the stay of execution was implicitly preserved and costs of the postponement were made costs in the cause.

Court Disposition

Postponement granted; stay of execution continues; costs in the cause.

Orders

  • The matter is postponed to the October 2025 session of the court.
  • Costs of the postponement are costs in the cause.