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Lesotho decisions
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Basotho Convention Movement & Ano. V The Commissioner of Police & 17 Others (C of A (CIV) No.32/2025) [2025] LSCA 59 (7 November 2025)
Lesotho Court of Appeal held it lacked jurisdiction over foreign states and the UN, but faulted the High Court for not addressing domestic authorities.
Abel Bushman V Attorney General (C of A (CIV) 47/2020) [2025] LSCA 71 (7 November 2025)
The trial court materially misdirected itself by under-appreciating the medical gravity of the appellant’s injuries and the aggravating circumstance of assault by State agents; the award was manifestly low and a global award of M200,000 for non-patrimonial loss and M5,000 for special damages is just and appropriate.
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Reli Khobotle V Qacha's Nek Urban Council (C of A (CIV) 52/2025) [2025] LSCA 73 (7 November 2025)
The Court of Appeal held that a Form C issued on 1 June 1979 was governed by the Land Act 1973, not the 1979 Act, and reinstated the dismissal of the claim.
Director of Public Prosecutions V Jobere Kelane (C of A (CRI REV) 01/2025) [2025] LSCA 74 (7 November 2025)
The Court of Appeal reviewed its own sentence order in a murder case, holding that suspending part of the sentence was a patent error because statute bars suspension for murder.
James Rashid Rajah V Resident Magistrate Banyane & 3 Others (C of A (CIV) No 22/2018) [2025] LSCA 51 (7 November 2025)
The Court of Appeal struck out an appeal for want of prosecution after the appellant and counsel repeatedly failed to appear despite notice and prior indulgence.
Joel Mathealira V Pontso Mathealira & 2 Others (C of A (CIV) No.31/2025) [2025] LSCA 58 (7 November 2025)
Section 10(4) of the Chieftainship Act 1968 (as amended) entitles the widow of a deceased heir-apparent, who would have succeeded but for his death and who left no male issue, to succeed to the chieftaincy in her own right. Collateral succession by a younger brother arises only after the widow's entitlement is exhausted by death or disqualification. The recognition of the first respondent was lawful and consistent with statute, custom, and constitutional protection of the chieftaincy.
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Tseko Moletsane & Another. V Standard Bank Lesotho (C of A (CIV) No.50/2025) [2025] LSCA 65 (7 November 2025)
The Court of Appeal held that dismissal of an exception is interlocutory and not appealable without leave, so the appeal was struck off with costs.
Mamorero Mpobole V Tahleho Mpobole & 5 Others (C of A (CIV) No.40/2025) [2025] LSCA 64 (7 November 2025)
Court of Appeal of Lesotho struck off a custody appeal by consent, citing a defective record, confused grounds of appeal, and persistent procedural sloppiness.
Thabelang Moeketsi & 2 Others V Lesotho General Insurance Co. Ltd (C of A (CIV) 48/2025) [2025] LSCA 72 (7 November 2025)
The Court of Appeal held the appellants lacked locus standi to challenge section 8 of the Motor Vehicle Insurance Order 1989, so the appeal was dismissed.
Eminence Electro Mechanical & Construction (PTY) LTD V Mafeteng District Council & 2 Others (C of A (CIV) 45/2025) [2025] LSCA 69 (7 November 2025)
The Court of Appeal held that a ruling striking an urgent application off the roll for lack of urgency was interlocutory, so leave to appeal was required. The appeal was struck off the roll.
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