Ramapepe v Masupha (CIV/A/ 1 of 80) [1980] LSHC 75 (17 December 1980)

In the absence of a proper certificate from the Judicial Commissioner specifying sufficient grounds for appeal, the High Court has no jurisdiction to entertain the appeal.

Citation: [1980] LSHC 75
Parties: Appellant: Mtsekele Ramapepe; Respondent: Bofelile Masupha
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 17 December 1980
Case Number: CIV/A/ 1 of 80
Procedural Posture: Civil Appeal / Preliminary Hearing; Referral Back to Judicial Commissioner's Court
Outcome: Appeal referred back to Judicial Commissioner's Court for proper certification; appellant ordered to pay wasted costs.
Legal Topics: Appeals, Jurisdiction, Certification for Appeal
Source Language: English

Civil Procedure Appeals Jurisdiction Certification for Appeal

Case Brief

Summary, issues, holding and outcome

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Parties

Mtsekele Ramapepe

Appellant

Bofelile Masupha

Respondent

Procedural Posture

Civil Appeal / Preliminary Hearing; Referral Back to Judicial Commissioner's Court

Legal Issues

1 Whether the High Court has jurisdiction to entertain the appeal without a proper certificate from the Judicial Commissioner
2 Whether the grounds specified by the Judicial Commissioner are sufficient under section 28(3)(b) of the Central and Local Court Proclamation 1938

Ratio Decidendi

In the absence of a proper certificate from the Judicial Commissioner specifying sufficient grounds for appeal, the High Court has no jurisdiction to entertain the appeal.

Court Disposition

Appeal referred back to Judicial Commissioner's Court for proper certification; appellant ordered to pay wasted costs.

Orders

Case referred back to Judicial Commissioner's Court to certify fitness for appeal and specify sufficient grounds.
Appellant to pay wasted costs agreed at M5.00.