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Labour law [1995] LSCA 174

Scott Hospital v Lerata and Others (CIV/APN 235 of 95)

Scott Hospital v Lerata and Others (CIV/APN 235 of 95) [1995] LSCA 174 (6 November 1995)

The High Court reviewed and set aside a Labour Court decision over an employment dismissal dispute, finding gross irregularity and lack of evidential support.

  • Review of subordinate court decisions
  • Jurisdiction of labour court
  • Termination of employment
  • Procedural irregularity
  • Labour-law
  • Judicial-review
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Civil procedure [1995] LSCA 21

Setlolela v Malefane (CIV/A 10 of 88)

Setlolela v Malefane (CIV/A 10 of 88) [1995] LSCA 21 (20 January 1995)

The court set aside a magistrate’s rescission of default judgment, holding that the magistrate relied on irrelevant matters, including unsupported allegations of fraud.

  • Rescission of default judgment
  • Review of subordinate court decisions
  • Condonation for late application
  • Rescission-of-default-judgment
  • Judicial-notice
  • Gross-irregularity
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Criminal law [2023] LSHC 205

Misaina Ramananariro V DPP & 4 Others (CRI/REV/0005/2023)

Misaina Ramananariro V DPP & 4 Others (CRI/REV/0005/2023) [2023] LSHC 205 (23 June 2023)

Failure to serve the amended grounds of review on interested parties as required by Rule 50(4) is fatal to the application. The record shows the magistrate adequately informed the applicant of the charge and the applicant admitted the facts. The grounds for review are not established.

  • Review of subordinate court decisions
  • Compliance with procedural rules
  • Right to fair hearing
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