Lesotho Observatory Foundation V Palesa Mehlolo & 3 others (C of A (CIV) No 06/2024) [2024] LSCA 13 (1 November 2024)

Lesotho Observatory Foundation V Palesa Mehlolo & 3 others (C of A (CIV) No 06/2024) [2024] LSCA 13 (1 November 2024)

A punitive costs order on an attorney and client scale, de bonis propriis, is warranted due to the appellant's reckless insistence on proceeding with an incomplete record and the false certification by counsel, which was grossly negligent and unprofessional.

Citation
[2024] LSCA 13
Parties
Appellant: Lesotho Observatory Foundation; 1st Respondent: Palesa Mehlolo; 2nd Respondent: Land Administration LSPP; 3rd Respondent: Registrar of Deeds; 4th Respondent: Department of LSDP; 5th Respondent: Attorney General; 6th Respondent: Metolong Dam and Water Supply
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
1 November 2024
Case Number
C of A (CIV) No 06/2024
Procedural Posture
Civil Appeal / Costs Determination After Appeal Struck Off
Outcome
Appeal struck off the roll; punitive costs ordered de bonis propriis against appellant's counsel.
Legal Topics
Costs, Punitive Costs, De Bonis Propriis, Incomplete Record, Professional Misconduct
Source Language
English
Civil Procedure Legal Profession Costs Punitive Costs De Bonis Propriis Incomplete Record Professional Misconduct

Case Brief

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Parties

Lesotho Observatory Foundation

Appellant

Palesa Mehlolo

1st Respondent

Land Administration LSPP

2nd Respondent

Registrar of Deeds

3rd Respondent

Department of LSDP

4th Respondent

Attorney General

5th Respondent

Metolong Dam and Water Supply

6th Respondent

Procedural Posture

Civil Appeal / Costs Determination After Appeal Struck Off

Legal Issues

  1. 1 Whether punitive costs should be ordered for proceeding with an incomplete record
  2. 2 Whether costs should be paid de bonis propriis by appellant's counsel

Ratio Decidendi

A punitive costs order on an attorney and client scale, de bonis propriis, is warranted due to the appellant's reckless insistence on proceeding with an incomplete record and the false certification by counsel, which was grossly negligent and unprofessional.

Court Disposition

Appeal struck off the roll; punitive costs ordered de bonis propriis against appellant's counsel.

Orders

  • Wasted costs to be paid by the appellant on a scale of attorney and client, de bonis propriis.
  • Judgment referred to the Law Society of Lesotho for professional education.