Misaina Ramananariro V DPP & 4 Others (CRI/REV/0005/2023) [2023] LSHC 205 (23 June 2023)

Misaina Ramananariro V DPP & 4 Others (CRI/REV/0005/2023) [2023] LSHC 205 (23 June 2023)

Failure to serve the amended grounds of review on interested parties as required by Rule 50(4) is fatal to the application. The record shows the magistrate adequately informed the applicant of the charge and the applicant admitted the facts. The grounds for review are not established.

Citation
[2023] LSHC 205
Parties
Applicant: Misaina Ramananariro; 1st Respondent: Director of Public Prosecutions; 2nd Respondent: Clerk of Court; 3rd Respondent: Her Worship Ntelane; 4th Respondent: Maseru Central Correctional Services; 5th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
23 June 2023 17 August 2023 23 June 2023 9 February 2023
Case Number
CRI/REV/0005/2023
Procedural Posture
Criminal Review / Judgment on Review Application
Outcome
Application dismissed
Legal Topics
Review of Subordinate Court Decisions, Compliance With Procedural Rules, Right to Fair Hearing
Source Language
English
Criminal Law Civil Procedure Review of Subordinate Court Decisions Compliance With Procedural Rules Right to Fair Hearing

Case Brief

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Parties

Misaina Ramananariro

Applicant

Director of Public Prosecutions

1st Respondent

Clerk of Court

2nd Respondent

Her Worship Ntelane

3rd Respondent

Maseru Central Correctional Services

4th Respondent

The Attorney General

5th Respondent

Procedural Posture

Criminal Review / Judgment on Review Application

Legal Issues

  1. 1 Whether the magistrate failed to adequately inform the applicant of the offence charged
  2. 2 Whether the applicant admitted the facts outlined by the prosecution
  3. 3 Whether failure to serve amended grounds of review on interested parties is fatal to the application

Ratio Decidendi

Failure to serve the amended grounds of review on interested parties as required by Rule 50(4) is fatal to the application. The record shows the magistrate adequately informed the applicant of the charge and the applicant admitted the facts. The grounds for review are not established.

Court Disposition

Application dismissed

Orders

  • The application is dismissed.
  • There is no order as to costs.