Leleka and Others v Mahobong Constituency and Others (CIV/APN 563 of 2011) [2012] LSHC 33 (2 August 2012)

Leleka and Others v Mahobong Constituency and Others (CIV/APN 563 of 2011) [2012] LSHC 33 (2 August 2012)

The application was dismissed because the non-joinder of two interested parties was fatal, and no irregularities or breaches of the party constitution were proved in the conduct of the elections.

Citation
[2012] LSHC 33
Parties
Applicant: ‘Maleribe Leleka; Applicant: Makara Seutla; Applicant: Mphosong Mokati; Applicant: ‘Mabafokeng Matekane; Respondent: Mahobong Constituency; Respondent: National Executive Committee; Respondent: Lesotho Congress for Democracy (LCD)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
2 August 2012
Case Number
CIV/APN 563 of 2011
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs
Legal Topics
Non Joinder, Party Constitution Interpretation, Irregularities in Elections
Source Language
English
Election Law Civil Procedure Non Joinder Party Constitution Interpretation Irregularities in Elections

Case Brief

Summary, issues, holding and outcome

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Parties

‘Maleribe Leleka

Applicant

Makara Seutla

Applicant

Mphosong Mokati

Applicant

‘Mabafokeng Matekane

Applicant

Mahobong Constituency

Respondent

National Executive Committee

Respondent

Lesotho Congress for Democracy (LCD)

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether non-joinder of interested parties is fatal to the application
  2. 2 Whether alleged irregularities in sub-branch and branch elections occurred
  3. 3 Whether party constitution was breached in the conduct of elections

Ratio Decidendi

The application was dismissed because the non-joinder of two interested parties was fatal, and no irregularities or breaches of the party constitution were proved in the conduct of the elections.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs