Acres International Limited v Crown (C of A (CRI) 8 of 2002) [2002] LSCA 102 (10 December 2002)

C OF A (CRI) NO. 8 OF 2002 IN THE COURT OF APPEAL OF LESOTHO In the matter between: ACRES INTERNATIONAL LIMITED APPLICANT RESPONDENT and THE CROWN Held in Maseru CORAM: Steyn, P Grosskopf, J. A. Melunsky,J. A. ORDER Application for suspension of payment of a fine Having heard Counsel for the applicant and the Crown, the Court makes the following order: 1. Payment of the fine imposed on the applicant by the Chief Justice on 28 October 2002 is postponed pending the outcome of the applicant's appeal, subject to the following: By no later than 9 January 2003 (i) The applicant makes payment of M2000000 to the Crown. OR (ii) The applicant provides a bank guarantee by a South African or Lesotho Bank in a form acceptable to the Crown that the sum of M2000000 will be paid when the appeal is finally disposed of by this Court. If there is any dispute about the acceptability of the guarantee the parties may approach the President of this Court to resolve such dispute. 2. The appeal will be set down for hearing during the April 2003 session of this Court of Appeal but not earlier than 14 April 2003. J. H. Steyn PRESIDENT OF THE COURT OF APPEAL I agree: I agree: F. H. Grosskopf JUDGE OF APPEAL L. S. Melunsky JUDGE OF APPEAL Delivered at Maseru this 10th day of December 2002 For the Applicant: Mr. Kemp, S. C. For the Respondent: Mr. H. T. Woker