Mokolane v Officer Commanding CID (Quthing) and Others (CIV/APN 155 of 86) [1986] LSCA 63 (30 May 1986)
Applicant failed to prove lawful ownership of the vehicle, and the police are entitled to detain the vehicle pending investigation under the relevant statutes.
Source-derived case information.
- Citation
- [1986] LSCA 63
- Parties
- Applicant: Teboho Mokolane; 1st Respondent: Officer Commanding CID (Quthing); 2nd Respondent: Commissioner of Police; 3rd Respondent: The Attorney General
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- CIV/APN 155 of 86
- Procedural Posture
- Civil Application / Judgment
- Outcome
- Application dismissed with costs
- Legal Topics
- Vehicle Registration, Forfeiture of Property, Police Powers
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Teboho Mokolane
Applicant
Officer Commanding CID (Quthing)
1st Respondent
Commissioner of Police
2nd Respondent
The Attorney General
3rd Respondent
Procedural Posture
Civil Application / Judgment
Legal Issues
- 1 Whether the applicant is the lawful owner of the vehicle bearing registration number A0554
- 2 Whether the police are entitled to detain the vehicle under the Road Traffic Act 1981 and the Criminal Procedure Act
Ratio Decidendi
Applicant failed to prove lawful ownership of the vehicle, and the police are entitled to detain the vehicle pending investigation under the relevant statutes.
Court Disposition
Application dismissed with costs
Orders
- Application dismissed with costs
Full Case Text
Judgment text and source record
1 paragraphs
C I V / A P N / 1 5 5 / 86 IN T HE H I GH C O U RT OF L E S O T HO In the matter between. TEBOHO MOKOLANE Applicant v OFFICER COMMANDING CID (QUTHING) 1st Respondent 2nd Respondent COMMISSIONER OF POLICE 3rd Respondent THE ATTORNEY GENERAL J U D G M E NT Delivered by the Hon. Acting Mr. Justice D. Levy on the 30th day of May, 1986 This matter differs from the other matters I have heard today although all were heard together. The Applicant for the return of his vehicle is also a different person. In this case the vehicle which is claimed is alleged by the Respondent to bear a false registration number, A0554. This number it is said belonged to a vehicle which was the property of certain Masupha Mofoka which was a Datsun Coaster 1977 model and not an E20 Datsun 1979 model mini bus. The former vehicle was deregistered and the number A 0554 was allotted to another vehicle owned by Collier & Yeats and which is a Toyota Van. Prima facie, therefore, Applicant has been using vehicle A 0554 in contravention of Section 10(2) of the Road Traffic Act 1981 which prohibits the driving or possession of a vehicle bearing a false registration number. Section 10(5) provides that a Court convicting a person of this offence may declare the vehicle forfeited to the State unless a lawful claimant claims possession of the vehicle /in terms ... - 2- In terms of Section 10(6). At this stage the police are investigating the true ownership of this vehicle. Applicant claims that he bought it legitimately from Masupha Mofoka, but if he did then it is not the vehicle A 0554 which was lawfully registered in Mofoka's name. Applicant has so far failed to prove lawful ownership of this vehicle. Moreover the police are entitled for the similar reasons set out in CIV/APN/152/86 to detain this vehicle pursuant to the provision of Section 52 of the Criminal Procedure Act. This application is dismissed with costs. D. LEVY ACTING JUDGE 30th May, 1986 For the Applicant Mr. M. Gwentshe For the Respondents Mrs Ntsonyana