1.
Before the hearing of this matter the Judge President was informed by Mr. Cliff Kepaletswe an official in the office of the
Registrar of this Court, that he had spoken to the appellant’s attorney, Mr. Isaac Seloko, on 21 April 2008.
2.
Mr. Kepaletswe informed the appellant’s attorney that security for the costs of this
appeal had not been furnished as required by Court of Appeal Rule 19. The appellant’s attorney’s response was that he
understood the situation, but was not in a position to provide security for costs since he had not been put in funds by the appellant.
3.
When the matter was called in open court on Tuesday, 22 April 2008 we were informed from the
Bar that security for costs had still not been provided. Mr. H. Lever, S.C. who appeared together with Mr. K. Griffiths for the respondent,
moved for the dismissal of the appeal with costs. This was in terms of Court of Appeal Rule 20.
4.
Ms. K.G. Letshabo, who appeared for the appellant, confirmed that the appellant has not provided
security for costs, that she was aware that this appeal could be dismissed, and did not oppose the application for dismissal of the
appeal with costs.
5.
Accordingly, an order was made dismissing the appeal, with costs.
DELIVERED IN OPEN COURT AT LOBATSE ON THE 22ND DAY OF APRIL 2008.
__________________
J.G. FOXCROFT
JUDGE OF APPEAL
I AGREE
___________________
P.H. TEBBUTT
JUDGE PRESIDENT
I AGREE
___________________
N.J. McNALLY
JUDGE OF APPEAL
.RTF of original document