The logic of jurisdictional exclusion of provisional sentence from the subordinate courts: lessons from Masobeng v. Thaane

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Periodical article

Title:	The logic of jurisdictional exclusion of provisional sentence from the subordinate courts: lessons from Masobeng v. Thaane
Author:	Fanana, N.A.M.
Year:	1999
Periodical:	Lesotho Law Journal: A Journal of Law and Development
Volume:	12
Issue:	1
Pages:	137-163
Language:	English
Geographic term:	Lesotho
Subjects:	debt judgments
Abstract:	Historically, provisional sentence was designed to assist creditors to recover their moneys from debtors in as quick a manner as possible to satisfy, firstly, personal claims and, secondly, in the interests of trade and commerce. Notwithstanding the origins of provisional sentence, there is no reason why in Lesotho this procedure should be limited to the High Court when it would seem to be such a useful procedure for urgent claims on commercial transactions and even for ordinary debts in money. Moreover, the jurisdictional powers of the subordinate courts in civil matters appear conducive to a provisional sentence procedure. It is special procedures such as provisional sentence which create serious confusion, overlap and uncertainty in the jurisdiction of the courts in Lesotho. The case of Masobeng v. Thaane reveals both the uncertainty surrounding the choice of forum for the settlement of disputes and the confusion in the separation of the High Court civil jurisdiction from that of the subordinate courts. Notes, ref.