By Caswell Tlali
MASERU — A High Court Deputy Registrar, Mojela Shale, has been sued for M1.7 million for allegedly producing fake court orders that resulted in a divorced man being kicked out of his matrimonial home.
Phutheho Mahase told the High Court in papers that he was humiliated, harassed and his dignity was severely impaired after he was served with the dubious court papers in July last year.
The High Court had awarded the matrimonial home to Mahase after granting him a decree of divorce from his wife, ‘Mamahooana Mahase, in 2011.
Mahase had lived in the house since the couple’s marriage hit the rocks.
But in July last year he said he received a message that the sheriff was looking for him and was at the chief’s house. He says in the court papers that he was shocked when the sheriff served him with a court order telling him to vacate the house.
He says he was surprised the warrant of ejectment was now in favour of his former wife.
Mahase says he later established that the orders were from Shale’s office. He says he then tried to contact Shale to discuss the matter but he was evasive and was not interested in dealing with the case.
“There had never been proceedings for ejectment such that an order or warrant of ejectment could have been granted by a competent court,” Mahase says.
Mahase says when he went to the High Court, Shale “was not interested” in meeting him.
“(Shale) was not interested in resolving the matter, instead they (Shale and a sheriff) went to the chief’s place on three consecutive occasions and talked publicly that (Mahase) was not a law-abiding citizen,” he said.
Shale allegedly announced that Mahase “had refused to take heed of orders of court”.
He says Shale allegedly accompanied by a group of police officers from Mabote Police Station arrived in a packed Toyota Quantum “armed to the teeth with fire weapons”.
Mahase says he “opted to stay away as he believed that a bloodbath was imminent”.
He says he then decided to seek redress from the High Court.
Shale has filed a notice of intention to oppose. His lawyer is Advocate Thulo Hoeane while Mahase’s is Advocate Khotso Nthontho.