Ntsekhe v Ntsekhe (CIV/T 136 of 9) [2011] LSHC 152 (14 December 2011)

Ntsekhe v Ntsekhe (CIV/T 136 of 9) [2011] LSHC 152 (14 December 2011)

The applicant established that real and substantive justice requires a stay of execution, considering the circumstances and the subject matter of the appeal. The court exercised its discretion to grant the stay.

Citation
[2011] LSHC 152
Parties
Applicant: ’Mamabu Nts’ekhe; Respondent: Governor Nts’ekhe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 December 2011
Case Number
CIV/T 136 of 9
Procedural Posture
Civil / Application for Stay of Execution Pending Appeal
Outcome
application granted
Legal Topics
Stay of Execution, Judicial Separation, Appeal Procedure
Source Language
English
Family Law Civil Procedure Stay of Execution Judicial Separation Appeal Procedure

Case Brief

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Parties

’Mamabu Nts’ekhe

Applicant

Governor Nts’ekhe

Respondent

Procedural Posture

Civil / Application for Stay of Execution Pending Appeal

Legal Issues

  1. 1 Whether a stay of execution should be granted pending appeal in a case of judicial separation

Ratio Decidendi

The applicant established that real and substantive justice requires a stay of execution, considering the circumstances and the subject matter of the appeal. The court exercised its discretion to grant the stay.

Court Disposition

application granted

Orders

  • Stay of execution pending finalization of the appeal is granted.
  • No order as to costs.