Mohloai v Ranger (C of A (CIV) 65 of 11) [2012] LSCA 36 (3 September 2012)

Mohloai v Ranger (C of A (CIV) 65 of 11) [2012] LSCA 36 (3 September 2012)

The order for security was an interim measure pending the outcome of the rule nisi; the appellant failed to provide sufficient evidence that the respondent was about to leave Lesotho permanently, justifying discharge of the rule nisi.

Citation
[2012] LSCA 36
Parties
Appellant: Molateli Mohloai; Respondent: Alan Ranger
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
3 September 2012
Case Number
C of A (CIV) 65 of 11
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed with costs
Legal Topics
Suspectus De Fuga, Interim Orders, Rule Nisi, Security for Release
Source Language
English
Civil Procedure Suspectus De Fuga Interim Orders Rule Nisi Security for Release

Case Brief

Summary, issues, holding and outcome

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Parties

Molateli Mohloai

Appellant

Alan Ranger

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the order for security pending confirmation or discharge of rule nisi was a final order
  2. 2 Whether the rule nisi for arrest suspectus de fuga should be confirmed or discharged

Ratio Decidendi

The order for security was an interim measure pending the outcome of the rule nisi; the appellant failed to provide sufficient evidence that the respondent was about to leave Lesotho permanently, justifying discharge of the rule nisi.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs