Ponto Do Pargo (PTY) Ltd V Simon Lebuajoang Thebe-ea-Khale & 5 Others (C of A (CIV) 77/2024) [2025] LSCA 35 (2 May 2025)

# Ponto Do Pargo (PTY) Ltd V Simon Lebuajoang Thebe-ea-Khale & 5 Others (C of A (CIV) 77/2024) [2025] LSCA 35 (2 May 2025) [ __](https://api.whatsapp.com/send?text=https://lesotholii.org/akn/ls/judgment/lsca/2025/35/eng@2025-05-02) [ __](https://twitter.com/intent/tweet?text=https://lesotholii.org/akn/ls/judgment/lsca/2025/35/eng@2025-05-02) [ __](https://www.facebook.com/sharer/sharer.php?u=https://lesotholii.org/akn/ls/judgment/lsca/2025/35/eng@2025-05-02) [ __](https://www.linkedin.com/sharing/share-offsite/?url=https://lesotholii.org/akn/ls/judgment/lsca/2025/35/eng@2025-05-02) [ __](mailto:?subject=Take a look at this document from LesLII: Ponto Do Pargo \(PTY\) Ltd V Simon …&body=https://lesotholii.org/akn/ls/judgment/lsca/2025/35/eng@2025-05-02) Report a problem __ * Share * * * * * Report a problem __ ##### Ponto Do Pargo (PTY) Ltd V Simon Lebuajoang Thebe-ea-Khale & 5 Others (C of A (CIV) 77/2024) [2025] LSCA 35 (2 May 2025) Copy citation * __Document detail * __Related documents Citation Ponto Do Pargo (PTY) Ltd V Simon Lebuajoang Thebe-ea-Khale & 5 Others (C of A (CIV) 77/2024) [2025] LSCA 35 (2 May 2025) Copy Media Neutral Citation [2025] LSCA 35 Copy Hearing date 8 April 2025 Court [Court of Appeal](/judgments/LSCA/) Case number C of A (CIV) 77/2024 Judges [Dr. Mosito P](/judgments/all/?judges=Dr.%20Mosito%20P), [Chinhengo AJA](/judgments/all/?judges=Chinhengo%20AJA), [Mathaba AJA](/judgments/all/?judges=Mathaba%20AJA) Judgment date 2 May 2025 Language English Summary ###### Flynote FLYNOTE Civil Procedure – Postponement of Appeal – Consent Order – Non-joinder of Proper Parties – Capacity to Sue – Necessity for Clarification of Record – Scrambled Proceedings – Discretion of Appellate Court. Read full summary * * * Skip to document content ###### Flynote FLYNOTE Civil Procedure – Postponement of Appeal – Consent Order – Non-joinder of Proper Parties – Capacity to Sue – Necessity for Clarification of Record – Scrambled Proceedings – Discretion of Appellate Court. LESOTHO IN THE COURT OF APPEAL OF LESOTHO HELD AT MASERU C of A (CIV)/77/2024 CCA/0058/2023 In the matter between PONTO DO PARGO (PTY) LTD APPELLANT VS SIMON LEBUAJOANG THEBE-EA-KHALE 1ST RESPONDENT MKM BURIAL SOCIETY 2ND RESPONDENT LATE ESTATE ARCHIE MOTSOANE SALLEY E1134 3RD RESPONDENT MASTER OF THE HIGH COURT 4TH RESPONDENT ATTORNEY-GENERAL 5TH RESPONDENT LAND ADMINISTRATION AUTHORITY 6TH RESPONDENT CORAM: MOSITO P CHINHENGO AJA MATHABA AJA HEARD: 8 APRIL 2025 DELIVERED: 2 MAY 2025 FLYNOTE Civil Procedure – Postponement of Appeal – Consent Order – Non-joinder of Proper Parties – Capacity to Sue – Necessity for Clarification of Record – Scrambled Proceedings – Discretion of Appellate Court. The appeal was set down for hearing before the Court of Appeal of Lesotho during the April 2025 session. At the instance of the appellant, and by consent with the 3rd respondent’s counsel, a postponement was sought to the next session. The Court acceded to the request, noting that the record disclosed serious procedural irregularities and confusion that rendered the matter unfit for immediate adjudication. Of particular concern was the involvement of a non-legal entity lacking capacity to sue or be sued. In light of these complexities, the Court recognised the necessity for the parties to clarify and regularise the proceedings before the matter could properly be entertained on appeal. Held: The appeal is postponed by consent to the next session of the Court of Appeal. No order as to costs made. Postponement granted; no order as to costs. CONSENT ORDER OF POSTPONEMENT CHINHENGO AJA: - [1] This appeal was set down for hearing during the April 2025 session of this Court. Counsel for the appellant applied for postponement of the appeal to the next session of the Court in October 2025. Counsel for the 3rd respondent, a non- legal entity with no capacity at law to sue or be sued, agreed to the postponement. The other respondents were not in attendance. We acceded to the request for a postponement in view of our recognition, after perusing the record of proceedings, that matter is a thoroughly scrambled egg, which the parties must unscramble before the appeal can be heard. [2] We issued the following order – (a) By consent of the parties, the appeal is postponed to the next session of this Court. (b) No order as to costs is made. ________________________ MH CHINHENGO ACTING JUSTICE OF APPEAL _______________________ KE MOSITO PRESIDENT OF THE COURT OF APPEAL ________________________ R MATHABA ACTING JUSTICE OF APPEAL FOR APPELLANT: ADV L D MOLAPO FOR THE RESPONDENT: ADV L A MOLATI #### __Related documents ▲ To the top >