Moiloa v Mokuena (CCA/0068/2017) [2022] LSHC 163 (21 October 2022)

Moiloa v Mokuena (CCA/0068/2017) [2022] LSHC 163 (21 October 2022)

The matter was not res judicata as the previous dismissal was not a final judgment on the merits. The recording of proceedings in English when conducted in Sesotho without a sworn interpreter does not constitute an irregularity in the Small Claims Court, given the flexible procedure and all parties' understanding of...

Source-derived case information.

Citation
[2022] LSHC 163
Parties
Applicant: Tlohelang Moiloa; 1st Respondent: The Learned Magistrate Mrs. Mokuena; 2nd Respondent: Senior Clerk of Court – Berea Magistrate; 3rd Respondent: Jone Motiki; 4th Respondent: Messenger of Court; 5th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
21 October 2022
Case Number
CCA/0068/2017
Procedural Posture
Judicial Review/review Application / Judgment
Outcome
Application dismissed with costs
Legal Topics
Res Judicata, Language of Court Proceedings, Small Claims Procedure, Interpretation of Evidence
Source Language
english
Civil Procedure Judicial Review Res Judicata Language of Court Proceedings Small Claims Procedure Interpretation of Evidence

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Parties

Tlohelang Moiloa

Applicant

The Learned Magistrate Mrs. Mokuena

1st Respondent

Senior Clerk of Court – Berea Magistrate

2nd Respondent

Jone Motiki

3rd Respondent

Messenger of Court

4th Respondent

The Attorney General

5th Respondent

Procedural Posture

Judicial Review/review Application / Judgment

Legal Issues

  1. 1 Whether the matter is res judicata following previous dismissal for non-compliance with rules
  2. 2 Whether proceedings conducted in Sesotho but recorded in English without a sworn interpreter constitute an irregularity in the Small Claims Court

Ratio Decidendi

The matter was not res judicata as the previous dismissal was not a final judgment on the merits. The recording of proceedings in English when conducted in Sesotho without a sworn interpreter does not constitute an irregularity in the Small Claims Court, given the flexible procedure and all parties' understanding of Sesotho. Lenka does not strictly apply to Small Claims Court. The application was dismissed with costs.

Court Disposition

Application dismissed with costs

Orders

  • The matter is not res judicata
  • High Court (amendment) Rules 2006 and Subordinate Court (amendment) Rules 2006 declared null and void