Mpeka v Stransham Investment CC (C of A(CIV)No. 11/01)

Media Neutral Citation: 
[2001] LSHC 148
Judgment Date: 
1 October, 2001

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C of A(CIV)No. 11/01

IN THE COURT OF APPEAL OF LESOTHO


In the matter between;


T JOKA MPEKA APPLICANT

and

STRANSHAM INVESTMENT CC RESPONDENT


Held at Maseru


CORAM Steyn, P.

Ramodibedi, J.A.

Kumleben, J.A.


ORDER


KUMLEBEN,J.A.


With the consent of the applicant and with the implied consent of the respondent who agreed to abide by the decision of the Court, the following order is made:-


  1. The 1998 Pajero 3500 V make vehicle (chasis No. GR 3522 and engine number 6974 GX 758), presently with the applicant, is to be released forthwith to the Registrar of the High Court and thereafter placed and preserved in


2


the sole custody of the Lesotho Police pending the civil action to be instituted by the respondent to establish the rightful ownership of the vehicle.


  1. This application for leave to appeal is withdrawn without any order as to costs.


  1. The said action is to be instituted within 30 days of service of this order on the respondent.


  1. In the event of the respondent not timeously complying with any of the rules governing the procedure necessary to bring an action to trial the respondent shall have the right forthwith to set the matter down for appropriate relief.


M.E. Kumleben

JUDGE OF APPEAL


1 agree:



J.H.STEYN

PRESIDENT OF THE COURT OF APPEAL


1 agree:


M.M. Ramodibedi

JUDGE OF APPEAL


Delivered on .... this day of October 2001.


For Applicant:

For Respondent: