Minister of Transport v Katleho Logistics (Pty) Ltd (C of A No. 10/2022) [2022] LSCA 2 (13 May 2022)
The court adopted the parties' deed of settlement as its order, including abandonment of the impugned order, each party bearing its own costs, and interim interdicts pending High Court determination.
Source-derived case information.
- Citation
- [2022] LSCA 2
- Parties
- Applicant: Minister of Transport; Applicant: Principal Secretary: Ministry of Transport; Applicant: Mohlalefi Letsapo; Applicant: Palesa Maile; Applicant: Lisema Rasenya; Applicant: Attorney General; Respondent: Katleho Logistics (Pty) Ltd
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- C of A No. 10/2022
- Procedural Posture
- Civil Appeal / Consent Order on Appeal
- Outcome
- deed of settlement adopted as order of court; interim interdicts granted; costs in the cause
- Legal Topics
- Interdicts, Costs, Appeal Procedure, Settlement
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Minister of Transport
Applicant
Principal Secretary: Ministry of Transport
Applicant
Mohlalefi Letsapo
Applicant
Palesa Maile
Applicant
Lisema Rasenya
Applicant
Attorney General
Applicant
Katleho Logistics (Pty) Ltd
Respondent
Procedural Posture
Civil Appeal / Consent Order on Appeal
Legal Issues
- 1 Whether the impugned High Court order should be abandoned
- 2 Whether parties should bear their own costs
- 3 Whether interim interdicts should be granted pending High Court determination
Ratio Decidendi
The court adopted the parties' deed of settlement as its order, including abandonment of the impugned order, each party bearing its own costs, and interim interdicts pending High Court determination.
Court Disposition
deed of settlement adopted as order of court; interim interdicts granted; costs in the cause
Orders
- Deed of Settlement made order of court
- Respondent abandons impugned High Court order
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF LESOTHO HELD AT MASERU C of A (CIV) No.10/2022 CIV/APN/68/2021 In the matter between: MINISTER OF TRANSPORT 1ST APPLICANT PRINCIPAL SECRETARY: MINISTRY OF TRANSPORT 2ND APPLICANT MOHLALEFI LETSAPO PALESA MAILE LISEMA RASENYA ATTORNEY GENERAL AND 3RD APPLICANT 4TH APPLICANT 5TH APPLICANT 6TH APPLICANT KATLEHO LOGISTICS (PTY) LTD RESPONDENT COURT ORDER CORAM: K E MOSITO, P N T MTSHIYA, AJA J VAN DER WESTHUIZEN, AJA HEARD: 20 APRIL 2022 DELIVERED: 13 MAY 2022 BY ORDER OF COURT The Deed of Settlement signed by the Parties’ legal representatives on the 20TH APRIL 2022 be and is hereby made an Order of Court in the following terms:- 1. The RESPONDENT abandons the impugned order granted by HIS LORDSHIP MR. JUSTICE MONAPATHI granted on the 9th day of NOVEMBER 2021 in terms of RULE 44 of THE HIGH CURT RULES LEGAL NOTICE NO.9 OF 1980 (As amended) on the terms as shall be spelt out in this agreement. 2. The parties further agree that each party to the proceedings referred to above is to pay its own legal costs. 3. That PRAYERS 1 and 2 be granted by consent of the parties and further that: (a) The matter is referred back to the HIGH COURT for determination of the main application. (b) MINISTER OF TRANSPORT and PRINCIPAL SECRETARY OF MINISTRY OF TRANSPORT and or their authorized agents in the MINISTRY OF TRANSPORT are prohibited and or interdicted from interfering with the continued commercial activities of KATLEHO LOGISTICS PTY. LTD. Pending finalization of issues per CLAUSE 3(a) above. (c) MINISTER OF TRANSPORT and PRINCIPAL SECRETARY OF MINISTRY OF TRANSPORT are prohibited from engaging an alternative administrator in preference over KATLEHO LOGISTICS pending finalization of the issues referred to in CLAUSE 3 (a) above. _______________________________ N T MTSHIYA ACTING JUSTICE OF APPEAL ________________________________ K E MOSITO PRESIDENT OF THE COURT OF APPEAL _______________________________ J. VAN DER WESTHUIZEN ACTING JUSTICE OF APPEAL FOR APPLICANTS: ADV L TAU FOR RESPONDENT: ADV M S RASEKOAI