Public law : review of November 2015 session of Court of Appeal

• Published date: 01 January 2016
• Pages: 61-73
• DOI: 10.10520/EJC196795
• Author: L. Kometsi
• Date: 01 January 2016

PUBLIC LAW

KOMETSI, L ⃰

TEBOHO LEPU LE V ’MAN THABISENG LEPULE AND

OTHERS (C OF A (CIV) NO.34 O F 2014)

INTRODUCTI ON

The case of Lepule is an important addition to the meaning of

precedent as entailing ratio decidendi and not obiter.

1

Precedent

has it that courts higher in the hierarchy establish by their

decisions precedents for courts lower in the hierarchy and

subsequent to the decisio n of the hi gher court. W here a matter

is claimed to be res judicata, not only does that reinforce the

previous decision, it also strengthens its value as precedent.

2

What seemed to be on trial in this case was the manner in

which courts in Lesotho are arranged in terms of hierarchy,

and the determi nation of res judicata.

FACTUAL BACKGROUND

The following issues appeared to be common cause

throughout the procee dings. First , the deceased Thomas Lepule

⃰ Lecturer, Private La w (N ational Unive rsity o f Lesotho); BA H umanities

DS/PAS, L LB (National University of Lesoth o; LLM Un iversity of

Manchester (U K).

1

For the proper appli cation of precedent see, Mahase v Kubheka and

Others C of A (CIV) No 29 of 0 5.

2

East African Development Bank v Blueline En terprises Ltd (CIVI L

APPEAL N O. 110 OF 2009) [201 1] TZCA 1 (22 December 2011) .