Kobeli v Director of Elections and Others (CIV/APN 272 of 98) [1998] LSCA 112 (17 December 1998)

CIV/APN/272/98 IN THE HIGH C O U RT OF LESOTHO In the matter between M A P H A T HE KOBELI PETITIONER and 1ST RESPONDENT DIRECTOR OF ELECTIONS INDEPENDENT ELECTORAL COMMISSION 2ND RESPONDENT 3RD RESPONDENT THE ATTORNEY-GENERAL 4TH RESPONDENT M O T L O H I M O E NO Held at Maseru Coram: Lehohla J Mofolo J Ramodibedi J JUDGMENT Ramodibedi J In this matter, counsel informs the Court that the Petitioner Kobeli failed to pay security for costs as ordered by this Court. In terms of Section 106 subsection 3 of the National Assembly Election Order 1992, the election petition of Kobeli is taken to have been withdrawn, accordingly the Court makes the following consequential order. Motlohi Moeno is hereby declared as having been validly elected as a member of the National Assembly for the Constituency of Thaba-Bosiu No. 37. There shall be no order as to costs. M . M. Ramodibedi JUDGE OF T HE HIGH C O U RT I agree: I agree: M. L. Lehohla JUDGE OF T HE HIGH C O U RT G. N. Mofolo JUDGE OF T HE HIGH C O U RT Delivered on the 17th day of December 1998. For the Petitioner For the Respondent : : Mr. Mosito Mr. Matsau