Lerotholi Polytechnic and Another v Lisene (LAC/CIV 5 of 2009) [2009] LSLAC 12 (10 August 2009)

Lerotholi Polytechnic and Another v Lisene (LAC/CIV 5 of 2009) [2009] LSLAC 12 (10 August 2009)

No appeal lies from the Labour Appeal Court to the Court of Appeal; therefore, there are no prospects of success in the purported appeal and no basis for granting a stay of execution.

Citation
[2009] LSLAC 12
Parties
Applicant: Lerotholi Polytechnic; Applicant: Tsietsi Lebakae; Respondent: Blandina Lisene
Court
Labour Appeal Court
Jurisdiction
Lesotho
Judgment Date
10 August 2009
Case Number
LAC/CIV 5 of 2009
Procedural Posture
Application for Stay of Execution / Ruling on Application for Stay Pending Appeal
Outcome
Application for stay of execution dismissed
Legal Topics
Stay of Execution, Jurisdiction of Appellate Courts, Contempt of Court
Source Language
English
Labour Law Civil Procedure Stay of Execution Jurisdiction of Appellate Courts Contempt of Court

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Parties

Lerotholi Polytechnic

Applicant

Tsietsi Lebakae

Applicant

Blandina Lisene

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the Court of Appeal has jurisdiction to entertain appeals from the Labour Appeal Court
  2. 2 Whether a stay of execution should be granted pending appeal to the Court of Appeal

Ratio Decidendi

No appeal lies from the Labour Appeal Court to the Court of Appeal; therefore, there are no prospects of success in the purported appeal and no basis for granting a stay of execution.

Court Disposition

Application for stay of execution dismissed

Orders

  • Application for stay of execution is dismissed for want of prospects of success.
  • No order as to costs.