Letsepe v Letsepe (C of A (CIV) No. 5/2001 )

Media Neutral Citation: 
[2001] LSHC 146
Judgment Date: 
1 October, 2001

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C of A (CIV) No. 5/2001

IN THE COURT OF APPEAL OF LESOTHO


In the matter between


LEFA LETSEPE APPELLANT

and

'MAMOELELI LETSEPE RESPONDENT


HELD AT MASERU


CORAM: Steyn, P

Kumleben, J.A.

Plewman, J.A.


ORDER OF COURT


  1. This appeal was set down for hearing on 3 October 2001. That morning counsel for the respondent, Mr. Mpopo, informed the court that the respondent had died and that there was no instruction for him to proceed with the appeal. He asked for permission to withdraw from the case and that was granted.


  1. In the circumstances, as counsel agreed, the only course open is to adjourn the matter to the next session of this court to enable the


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appropriate person to decide whether or not to continue with the opposition to the appeal and, in that event, to appoint legal representation.


  1. A difficulty in this regard is that the court does not know whether the respondent has died intestate or whether she has left a will. In the latter event, it follows, we are unable to determine at present whether an executor has been nominated and appointed or the identity of the heirs. However, it is in the interests of justice in order to avoid undue delays that we should deal with the matter as best we can.


  1. The information we have is that the respondent's eldest son is Mr. MOELELI LETSEPE and his address is - MORIFI HA THETSO, MOHALE'SHOEK.


We propose that the record of this appeal and this order be served on him. If he is the person empowered to do so, he is to inform the Registrar of this Court of his decision as regards the appeal.

If he is not so authorised, he is requested promptly to inform the


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Registrar as to the identity of the person authorised to take such decision.


In the result the following order is made:


  1. This appeal is adjourned until April 2002 session of the Appeal Court.


  1. The record of the appeal and this order is to be forthwith served by the Registrar on Mr. MOELELI LETSEPE, the eldest son of the deceased respondent.


  1. If he is authorised to do so in his capacity as executor or heir, he is ordered to inform the Registrar, within 60 days from the date of service, whether or not the appeal is to be opposed.


  1. If he is not thus authorised, he is requested to indicate to the Registrar within 10 days of service the identity of such authorised person.


  1. In that event, the Registrar is to serve the record and this order upon such person and the provisions of 2 and 3 above are to apply to him or her.


  1. A copy of this order is to be sent to the legal representative of the appellant.


J.H.Steyn

PRESIDENT OF THE COURT OF APPEAL


I agree:


ME. Kumleben

JUDGE OF APPEAL


I agree:


C. Plewman

JUDGE OF APPEAL


Delivered at Maseru this .. day of October 2001.


For the Appellant:

For the Respondent: