Pastor Maphethang Mohanoe V Executive Council of A.F.M of Lesotho & 11 Others (C of A (CIV) 59/2024) [2025] LSCA 24 (2 May 2025)

Pastor Maphethang Mohanoe V Executive Council of A.F.M of Lesotho & 11 Others (C of A (CIV) 59/2024) [2025] LSCA 24 (2 May 2025)

The appeal had lapsed by operation of rule 5(3) due to failure to file the record within three months; the application for declarator and condonation was fatally misconceived as it did not seek reinstatement of the lapsed appeal; persistent non-compliance with the rules and counsel's negligent conduct justified punitive costs.

Citation
[2025] LSCA 24
Parties
Appellant: Pastor Maphethang Mohanoe; 1st Respondent: Executive Council of A. F. M of Lesotho; 2nd Respondent: Workers Council of A. F. M of Lesotho; 3rd Respondent: Apostolic Faith Mission of Lesotho; 4th Respondent: Pastor Telang Letseka; 5th Respondent: Pastor Asaele Makhabane; 6th Respondent: Pastor Bonga Mzini; 7th Respondent: Pastor Qoalane Lechesa; 8th Respondent: Pastor Poello Mohapi; 9th Respondent: Pastor Joseph Ralitau; 10th Respondent: Pastor Mpholo Tlhoeli; 11th Respondent: Pastor Ratebello Pule; 12th Respondent: Pastor Rabele Mahase
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
2 May 2025
Case Number
C of A (CIV) 59/2024
Procedural Posture
Civil Appeal / Application for Declarator and Condonation After Lapse of Appeal
Outcome
Appeal struck off; application for declarator and condonation dismissed; costs awarded against appellant and counsel de bonis propriis.
Legal Topics
Appeal Lapse, Condonation, Court Rules, Costs De Bonis Propriis
Source Language
English
Civil Procedure Appeal Lapse Condonation Court Rules Costs De Bonis Propriis

Case Brief

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Parties

Pastor Maphethang Mohanoe

Appellant

Executive Council of A. F. M of Lesotho

1st Respondent

Workers Council of A. F. M of Lesotho

2nd Respondent

Apostolic Faith Mission of Lesotho

3rd Respondent

Pastor Telang Letseka

4th Respondent

Pastor Asaele Makhabane

5th Respondent

Pastor Bonga Mzini

6th Respondent

Pastor Qoalane Lechesa

7th Respondent

Pastor Poello Mohapi

8th Respondent

Pastor Joseph Ralitau

9th Respondent

Pastor Mpholo Tlhoeli

10th Respondent

Pastor Ratebello Pule

11th Respondent

Pastor Rabele Mahase

12th Respondent

Procedural Posture

Civil Appeal / Application for Declarator and Condonation After Lapse of Appeal

Legal Issues

  1. 1 Whether the appeal had lapsed for failure to file the record within prescribed time
  2. 2 Whether the application for declarator and condonation was misconceived absent reinstatement application
  3. 3 Whether counsel's conduct warranted censure and punitive costs

Ratio Decidendi

The appeal had lapsed by operation of rule 5(3) due to failure to file the record within three months; the application for declarator and condonation was fatally misconceived as it did not seek reinstatement of the lapsed appeal; persistent non-compliance with the rules and counsel's negligent conduct justified punitive costs.

Court Disposition

Appeal struck off; application for declarator and condonation dismissed; costs awarded against appellant and counsel de bonis propriis.

Orders

  • The appeal is struck off the roll.
  • The application for a declarator and condonation is dismissed.