Investment Triangle (Proprietary) Ltd v Ntsane and Another (CIV/APN/27/98 )

Case No: 
CIV/APN/27/98
Media Neutral Citation: 
[2003] LSHC 145
Judgment Date: 
2 December, 2003

Downloads

CIV/APN/27/98

IN THE HIGH COURT OF LESOTHO


In the Application of:

INVESTMENT TRIANGLE (PROPRIETARY) LTD APPLICANT

Vs

THABO NTSANE 1st RESPONDENT

LENONO LENONO 2ND RESPONDENT


JUDGMENT


Delivered by the Hon. Mr. Justice M L Lehohla on the 2nd day of December, 2003


Chief Justice: The court has just heard benefit of argument from both Counsel appearing to argue the question of contempt, which was kept in abeyance since the 11th of November 2003.


This morning Mr. Mokaloba told the court that he is now representing both respondents and craved leave to consult with them because he did not know of the proceedings, which went on on the 1lth of November 2003. He was given that opportunity, and in fairness to him he had collected from his clients what story to present before this court - barring the bizarreness of it sometimes - it nonetheless was to a large'extent in agreement with what had been submitted by Mr. Sello for the applicant. In fairness again to Mr. Mokaloba when shown the bizarreness of the brief he was holding for his clients when placed side by side with the inevitable truth he was quick to retract from that brief.


Because the order proposed when set out was not premised by what had gone on on the 11th of November, 2003 the court took the indulgence to read for Mr. Mokaloba's benefit the short record in its entirety of what had gone on, on that day.


That proceeding consists of the evidence that was given by the Deputy Sheriff together with the evidence of the two (2) respondents. Going through their evidence it is very clear that the two respondents conspired to be contemptuous of the Court Order which had been given on the 12th of June 1999 in a judgement of this court.


The very facts, the very evidence that was adduced for them is a confirmation of this and it vitiates any pretence on the part of either or both of them that they were not aware of the judgment because, so they alleged, their then Counsel Mrs. Kotelo for 1st respondent, had not told them of the judgement that was passed on the 12th of June, 1999.


It is for these reasons that this court finds no difficulty in acceding to Mr. Sello's proposal that Lenono be formally joined in the contempt charge as he confessed he participated in that contempt. It is so ordered.


The court further finds both of these respondents guilty. The two respondents are accordingly found guilty of contempt of this court. They are sentenced to two years' imprisonment, all of which is suspended for two years on the following conditions, i.e. that during the period of the suspension they be not convicted of contempt. Next, that they tomorrow at 9:00 a.m. present themselves before the Deputy Sheriff who is to accompany them together with the applicant Khoeli Motebang to put him in occupation of the premises in question, and at that place they have to notify all the tenants and people occupying those premises that Khoeli Motebang's Company namely; Investment Triangle is the proprietor and legitimate owner of that property.


The Deputy Sheriff is by this order authorised to evict those who do not accept to be there on the fiat of the applicant. A further condition be that the two respondents accept liability to the applicant for all moneys that they have collected from any tenant or people occupying that place, and from any people occupying the property since 11th of June 1999 when judgement was entered in favour of applicant in this matter.


The order of costs shall be on Attorney and client scale by way of exhibiting the court's displeasure at the unsavoury behaviour of the two respondents since this proceeding was initiated.


The court is much indebted to both Counsel and especially to Mr. Mokaloba for dealing with a matter, which I do not think anybody, would relish to find himself involved in, I hope he will be relieved of a situation like that. I hope he will have less dull briefs next time.


Thank you very much indeed, the court will adjourn.


ML LEHOHLA

CHIEF JUSTICE


2nd December, 2003


For Applicant : Mr. Sello K C

For Respondents 1 & 2: Mr. Mokaloba


4