Sehlabaka and Others v Registrar of Co-Operatives and Others (File A076 0006 goes with A076 0007 it looks like pages are missing from both judgements) (CIV/APN 319 of 90) [1995] LSCA 109 (28 July 1995)
The Registrar of Co-operatives had no authority under the League's constitution or the relevant statute to summon a Special General Meeting; consequently, the meeting and the removal of the applicants from office were invalid.
Source-derived case information.
- Citation
- [1995] LSCA 109
- Parties
- First Applicant: Ananias Mohapi Sehlabaka; Second Applicant: Mathias Lehloenya; Third Applicant: John Lekau; First Respondent: Registrar of Co-operatives; Second Respondent: 'Mantsebo Sekota; Third Respondent: 'Mamolebang Peo; Fourth Respondent: Justice Keletsane
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- CIV/APN 319 of 90
- Procedural Posture
- Civil Application / Judgment
- Outcome
- Application allowed
- Legal Topics
- Powers of Registrar, Removal of Office Bearers, Validity of Meetings
- 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
Ananias Mohapi Sehlabaka
First Applicant
Mathias Lehloenya
Second Applicant
John Lekau
Third Applicant
Registrar of Co-operatives
First Respondent
'Mantsebo Sekota
Second Respondent
'Mamolebang Peo
Third Respondent
Justice Keletsane
Fourth Respondent
Procedural Posture
Civil Application / Judgment
Legal Issues
- 1 Whether the Registrar of Co-operatives had authority to summon a Special General Meeting of the League
- 2 Whether the removal of the applicants from office was lawful
Ratio Decidendi
The Registrar of Co-operatives had no authority under the League's constitution or the relevant statute to summon a Special General Meeting; consequently, the meeting and the removal of the applicants from office were invalid.
Court Disposition
Application allowed
Orders
- The purported Special General Meeting of 22nd September 1990 is declared invalid.
- The removal of the applicants from office is set aside.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF LESOTHO CIV/APN/319/90 In the m a t t er between:- ANANIAS MOHAPI SEHLABAKA MATHIAS LEHLOENYA J O HN LEKAU First Applicant Second Applicant Third Applicant vs REGISTRAR OF CO-OPERATIVES 'MANTSEBO SEKOTA 'MAMOLEBANG PEO JUSTICE KELETSANE First Respondent Second Respondent Third Respondent Fourth Respondent Before the Honourable Chief Justice B. P. Cullinan For the Applicants : For the Respondents : Mrs V. Kotelo Mr T. Mohapi, Crown Attorney JUDGMENT Cases referred to: (1) Leribe Poultry Co-operative Society vs Minister of Agriculture & Others C of A (civ) N o . 1 3 / 9 1, Unreported; (2) Dadoo Ltd & Others (1920) A . D. 530. vs Krugersdorp Municipal Council The three applicants held appointment as President, Secretary/Treasurer and Vice-President respectively of the Lesotho Co-operative Credit Union League (the LCCUL" or "the League") during the year 1990. On 6th August the respondent ("The Registrar") summoned a Special General Meeting of the League for the 22nd September, 1990. The applicants did not