The Crown v Adil Osman and Another (CRI/T 69 of 2011) [2013] LSHC 55 (9 April 2013)

The Crown v Adil Osman and Another (CRI/T 69 of 2011) [2013] LSHC 55 (9 April 2013)

In the absence of any formal opposition or affidavit from the Crown, and to avoid prejudice to the accused, the application for further and better particulars is granted as prayed.

Citation
[2013] LSHC 55
Parties
Respondent: The Crown; 1st Accused: Adil Osman; 2nd Accused: Mahamed Yusuf Osman
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 April 2013
Case Number
CRI/T 69 of 2011
Procedural Posture
Criminal / Interlocutory Application for Further and Better Particulars
Outcome
Application for further and better particulars granted
Legal Topics
Fraud, Further and Better Particulars, Procedural Fairness
Source Language
English
Criminal Law Criminal Procedure Fraud Further and Better Particulars Procedural Fairness

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Parties

The Crown

Respondent

Adil Osman

1st Accused

Mahamed Yusuf Osman

2nd Accused

Procedural Posture

Criminal / Interlocutory Application for Further and Better Particulars

Legal Issues

  1. 1 Whether the Crown should be compelled to furnish further and better particulars to the accused
  2. 2 Whether the application for further and better particulars was properly opposed

Ratio Decidendi

In the absence of any formal opposition or affidavit from the Crown, and to avoid prejudice to the accused, the application for further and better particulars is granted as prayed.

Court Disposition

Application for further and better particulars granted

Orders

  • Crown to file opposing papers, if any, within seven days from 10th April 2013
  • Applicants to reply within seven days from service of answering affidavit