Kobeli v Director of Elections and Others (CIV/APN 272 of 98) [1998] LSCA 112 (17 December 1998)
The petitioner's failure to pay security for costs as ordered by the court results in the petition being deemed withdrawn by operation of law, and the respondent is declared validly elected.
Source-derived case information.
- Citation
- [1998] LSCA 112
- Parties
- Petitioner: Maphathe Kobeli; Respondent: Director of Elections, Independent Electoral Commission; Respondent: Attorney-General; Respondent: Motlohi Moeno
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- CIV/APN 272 of 98
- Procedural Posture
- Election Petition / Judgment After Failure to Pay Security for Costs
- Outcome
- petition deemed withdrawn; respondent declared validly elected
- Legal Topics
- Security for Costs, Withdrawal of Petition, Declaration of Elected Member
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Maphathe Kobeli
Petitioner
Director of Elections, Independent Electoral Commission
Respondent
Attorney-General
Respondent
Motlohi Moeno
Respondent
Procedural Posture
Election Petition / Judgment After Failure to Pay Security for Costs
Legal Issues
- 1 Effect of failure to pay security for costs in election petition
- 2 Consequence of withdrawal of election petition
Ratio Decidendi
The petitioner's failure to pay security for costs as ordered by the court results in the petition being deemed withdrawn by operation of law, and the respondent is declared validly elected.
Court Disposition
petition deemed withdrawn; respondent declared validly elected
Orders
- Motlohi Moeno declared validly elected as member of National Assembly for Thaba-Bosiu No. 37
- No order as to costs
Full Case Text
Judgment text and source record
1 paragraphs
CIV/APN/272/98 IN THE HIGH C O U RT OF LESOTHO In the matter between M A P H A T HE KOBELI PETITIONER and 1ST RESPONDENT DIRECTOR OF ELECTIONS INDEPENDENT ELECTORAL COMMISSION 2ND RESPONDENT 3RD RESPONDENT THE ATTORNEY-GENERAL 4TH RESPONDENT M O T L O H I M O E NO Held at Maseru Coram: Lehohla J Mofolo J Ramodibedi J JUDGMENT Ramodibedi J In this matter, counsel informs the Court that the Petitioner Kobeli failed to pay security for costs as ordered by this Court. In terms of Section 106 subsection 3 of the National Assembly Election Order 1992, the election petition of Kobeli is taken to have been withdrawn, accordingly the Court makes the following consequential order. Motlohi Moeno is hereby declared as having been validly elected as a member of the National Assembly for the Constituency of Thaba-Bosiu No. 37. There shall be no order as to costs. M . M. Ramodibedi JUDGE OF T HE HIGH C O U RT I agree: I agree: M. L. Lehohla JUDGE OF T HE HIGH C O U RT G. N. Mofolo JUDGE OF T HE HIGH C O U RT Delivered on the 17th day of December 1998. For the Petitioner For the Respondent : : Mr. Mosito Mr. Matsau