Issa v Abubaker and Others (C of A (CIV) 44 of 1994) [1995] LSCA 102 (26 July 1995)
The appeal and application are withdrawn by consent, with no order as to costs, and the order constitutes a final settlement of all issues arising from the proceedings.
Source-derived case information.
- Citation
- [1995] LSCA 102
- Parties
- Appellant: Zubeda; 1st Respondent: Issa Afzal Abubaker; 2nd Respondent: Barclays Bank PLC; 3rd Respondent: The Commissioner of Lands of Lesotho
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- C of A (CIV) 44 of 1994
- Procedural Posture
- Civil Appeal / Order on Withdrawal by Consent
- Outcome
- appeal and application withdrawn by consent; final settlement of all issues; no order as to costs
- Legal Topics
- Withdrawal of Appeal, Final Settlement, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Zubeda
Appellant
Issa Afzal Abubaker
1st Respondent
Barclays Bank PLC
2nd Respondent
The Commissioner of Lands of Lesotho
3rd Respondent
Procedural Posture
Civil Appeal / Order on Withdrawal by Consent
Legal Issues
- 1 Whether the appeal and application should be withdrawn by consent
- 2 Whether the settlement disposes of all issues between the parties
Ratio Decidendi
The appeal and application are withdrawn by consent, with no order as to costs, and the order constitutes a final settlement of all issues arising from the proceedings.
Court Disposition
appeal and application withdrawn by consent; final settlement of all issues; no order as to costs
Orders
- The appeal is withdrawn.
- The application before the court a quo is withdrawn.
Full Case Text
Judgment text and source record
1 paragraphs
C. of A (CIV) NO.44 of 1994 IN THE LESOTHO COURT OF APPEAL In the matter between: ZUBEDA AND ISSA APPELLANT AFZAL ABUBAKER BARCLAYS BANK PLC THE COMMISSIONER OF LANDS OF LESOTHO 1ST RESPONDENT 2ND RESPONDENT 3RD RESPONDENT HELD AT: MASERU CORAM: MAHOMED, P. STETO, LEON, J. A. J. A. MAHOMED, P. O R D ER BY C O N S E NT 1. The Appeal is withdrawn 2. The Application before the Court a quo is withdrawn. 3. No order is made as to costs and each party is to bear its own costs in both Courts. 4. The order shall have the effect of a final settlement of all issues arising from the papers before the court. 5. Neither party shall have any further claim the one against the other arising from the said issues or this settlement, it being recorded that neither party has been induced to settle this litigation by using representations made the one to the other. I agree I agree I. MAHOMED PRESIDENT OF APPEAL J. H. STEYN JUDGE OF APPEAL R. N. LEON JUDGE OF APPEAL Delivered at Maseru this 26th day of July, 1995.