Pakalitha Makhele & Ano. V The Qacha's Nek MagistrateCourt Mr. Bale (C of A (CRI) No 08/2024) [2024] LSCA 43 (1 November 2024)

Pakalitha Makhele & Ano. V The Qacha's Nek MagistrateCourt Mr. Bale (C of A (CRI) No 08/2024) [2024] LSCA 43 (1 November 2024)

The appeal was struck off the roll because the notice of appeal was not accompanied by leave of the High Court or an application for leave, as required by section 8 of the Court of Appeal Act and Rule 4(3) of the Court of Appeal Rules.

Citation
[2024] LSCA 43
Parties
1st Appellant: Pakalitha Makhele; 2nd Appellant: 'Mareatlehile Sefoloko; 1st Respondent: The Qacha’s Nek Magistrate Court Mr Bale; 2nd Respondent: The Clerk of Court Qacha’s Nek Magistrate Court; 3rd Respondent: The Director of Public Prosecutions
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
1 November 2024
Case Number
C of A (CRI) No 08/2024
Procedural Posture
Criminal Appeal / Appeal From High Court's Revisional Jurisdiction to Court of Appeal
Outcome
Appeal struck off the roll
Legal Topics
Sexual Offences, Leave to Appeal, Revisional Jurisdiction, Notice of Appeal
Source Language
English
Criminal Law Appellate Procedure Sexual Offences Leave to Appeal Revisional Jurisdiction Notice of Appeal

Case Brief

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Parties

Pakalitha Makhele

1st Appellant

'Mareatlehile Sefoloko

2nd Appellant

The Qacha’s Nek Magistrate Court Mr Bale

1st Respondent

The Clerk of Court Qacha’s Nek Magistrate Court

2nd Respondent

The Director of Public Prosecutions

3rd Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court's Revisional Jurisdiction to Court of Appeal

Legal Issues

  1. 1 Whether an appeal lies from the High Court's revisional jurisdiction without leave of court
  2. 2 Whether the notice of appeal was compliant with statutory requirements

Ratio Decidendi

The appeal was struck off the roll because the notice of appeal was not accompanied by leave of the High Court or an application for leave, as required by section 8 of the Court of Appeal Act and Rule 4(3) of the Court of Appeal Rules.

Court Disposition

Appeal struck off the roll

Orders

  • The appeal is struck off the roll.