Minister of Transport v Katleho Logistics (Pty) Ltd (C of A No. 10/2022) [2022] LSCA 2 (13 May 2022)

IN THE COURT OF APPEAL OF LESOTHO HELD AT MASERU C of A (CIV) No.10/2022 CIV/APN/68/2021 In the matter between: MINISTER OF TRANSPORT 1ST APPLICANT PRINCIPAL SECRETARY: MINISTRY OF TRANSPORT 2ND APPLICANT MOHLALEFI LETSAPO PALESA MAILE LISEMA RASENYA ATTORNEY GENERAL AND 3RD APPLICANT 4TH APPLICANT 5TH APPLICANT 6TH APPLICANT KATLEHO LOGISTICS (PTY) LTD RESPONDENT COURT ORDER CORAM: K E MOSITO, P N T MTSHIYA, AJA J VAN DER WESTHUIZEN, AJA HEARD: 20 APRIL 2022 DELIVERED: 13 MAY 2022 BY ORDER OF COURT The Deed of Settlement signed by the Parties’ legal representatives on the 20TH APRIL 2022 be and is hereby made an Order of Court in the following terms:- 1. The RESPONDENT abandons the impugned order granted by HIS LORDSHIP MR. JUSTICE MONAPATHI granted on the 9th day of NOVEMBER 2021 in terms of RULE 44 of THE HIGH CURT RULES LEGAL NOTICE NO.9 OF 1980 (As amended) on the terms as shall be spelt out in this agreement. 2. The parties further agree that each party to the proceedings referred to above is to pay its own legal costs. 3. That PRAYERS 1 and 2 be granted by consent of the parties and further that: (a) The matter is referred back to the HIGH COURT for determination of the main application. (b) MINISTER OF TRANSPORT and PRINCIPAL SECRETARY OF MINISTRY OF TRANSPORT and or their authorized agents in the MINISTRY OF TRANSPORT are prohibited and or interdicted from interfering with the continued commercial activities of KATLEHO LOGISTICS PTY. LTD. Pending finalization of issues per CLAUSE 3(a) above. (c) MINISTER OF TRANSPORT and PRINCIPAL SECRETARY OF MINISTRY OF TRANSPORT are prohibited from engaging an alternative administrator in preference over KATLEHO LOGISTICS pending finalization of the issues referred to in CLAUSE 3 (a) above. _______________________________ N T MTSHIYA ACTING JUSTICE OF APPEAL ________________________________ K E MOSITO PRESIDENT OF THE COURT OF APPEAL _______________________________ J. VAN DER WESTHUIZEN ACTING JUSTICE OF APPEAL FOR APPLICANTS: ADV L TAU FOR RESPONDENT: ADV M S RASEKOAI