Tseuoa v Labour Appeal Court of Lesotho and Others (C of A (CIV) 27/04; LAC/REV/36/02) [2005] LSCA 1 (14 April 2005)
The importance of the jurisdictional issue warrants hearing by a Full Court and appointment of an amicus curiae.
Source-derived case information.
- Citation
- [2005] LSCA 1
- Parties
- Appellant: ‘Muso Tšeuoa; 1st Respondent: The Labour Appeal Court of Lesotho; 2nd Respondent: The Directorate of Dispute Prevention and Resolution; 3rd Respondent: The Lesotho Precious Garments/P&T Textile (Pty) Ltd.
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- C of A (CIV) 27/04 ; LAC/REV/36/02
- Procedural Posture
- Civil Appeal / Pre Hearing Order
- Outcome
- Appeal postponed for hearing by Full Court in next session; amicus curiae to be appointed; jurisdiction to be determined first.
- Legal Topics
- Appellate Jurisdiction, Labour Appeal Court, Amicus Curiae
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
‘Muso Tšeuoa
Appellant
The Labour Appeal Court of Lesotho
1st Respondent
The Directorate of Dispute Prevention and Resolution
2nd Respondent
The Lesotho Precious Garments/P&T Textile (Pty) Ltd.
3rd Respondent
Procedural Posture
Civil Appeal / Pre Hearing Order
Legal Issues
- 1 Jurisdiction of the Court of Appeal to hear appeals from the Labour Appeal Court
Ratio Decidendi
The importance of the jurisdictional issue warrants hearing by a Full Court and appointment of an amicus curiae.
Court Disposition
Appeal postponed for hearing by Full Court in next session; amicus curiae to be appointed; jurisdiction to be determined first.
Orders
- Appeal postponed to next session of the Court of Appeal in October 2005.
- Full Court of five judges to hear the appeal.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE COURT OF APPEAL OF LESOTHO In the matter between: ‘Muso Tšeuoa and C of A (CIV) No. 27/04 LAC/REV/36/02 Appellant The Labour Appeal Court of Lesotho 1st Respondent The Directorate of Dispute Prevention and Resolution Respondent 2nd The Lesotho Precious Garments/P&T Textile (Pty) Ltd. 3rd Respondent CORAM: Grosskopf, JA Smalberger, JA Gauntlett, JA ORDER After consulting the President of the Court of Appeal, we have decided that this appeal should be heard by the Full Court of five judges. This is because of the importance of the issue raised of the jurisdiction of this court to hear appeals from the Labour Appeal Court. The President has agreed with us that it is desirable that the Law Society of Lesotho be asked to appoint an amicus curiae, that is an independent legal practitioner of standing, to assist the court at the hearing by advancing legal argument on the issue of jurisdiction. It will not be possible for an amicus curiae to be appointed and the Full Court constituted during the current session. The appeal is accordingly postponed to be heard at the next session of the Court of Appeal in October 2005 by the Full Court. The issue of jurisdiction will be dealt with first. If it is decided in favour of the appellant, the appeal will proceed in relation to the merits of the appeal. Having heard the appellant in relation to the aforegoing, it is so _______________ ________________ _______________ ordered. F. H. Grosskopf JUDGE OF APPEAL I agree. J. W. Smalberger JUDGE OF APPEAL I agree. J. J. Gauntlett JUDGE OF APPEAL MASERU 14 April 2005