Buang Mohau & Ano. V SM Consulting Engineers (CCA/0090/2023) [2025] LSHC 120 (30 May 2025)

Buang Mohau & Ano. V SM Consulting Engineers (CCA/0090/2023) [2025] LSHC 120 (30 May 2025)

The rules of natural justice and public law principles do not apply to the termination of private contracts. The applicants freely entered into agreements with a no-fault termination clause, which allowed either party to terminate with one month's notice for any reason. The court cannot alter the contract to declare it a fixed term contract contrary to its express terms.

Citation
[2025] LSHC 120
Parties
Applicant: Buang Mohau; Applicant: Mahooana Peete; Respondent: SM Consulting Engineers
Court
High Court
Jurisdiction
Lesotho
Judgment Date
30 May 2025
Case Number
CCA/0090/2023
Procedural Posture
Contractual Dispute / Judgment
Outcome
application dismissed with costs
Legal Topics
Termination of Contract, Procedural Fairness, No Fault Termination, Fixed Term Contract, Interpretation of Contract
Source Language
English
Contract Law Termination of Contract Procedural Fairness No Fault Termination Fixed Term Contract Interpretation of Contract

Case Brief

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Parties

Buang Mohau

Applicant

Mahooana Peete

Applicant

SM Consulting Engineers

Respondent

Procedural Posture

Contractual Dispute / Judgment

Legal Issues

  1. 1 Whether the termination of the applicants’ contracts can be challenged on the basis of public law principles of procedural fairness and unreasonableness
  2. 2 Whether the court can declare the agreements as fixed term contracts

Ratio Decidendi

The rules of natural justice and public law principles do not apply to the termination of private contracts. The applicants freely entered into agreements with a no-fault termination clause, which allowed either party to terminate with one month's notice for any reason. The court cannot alter the contract to declare it a fixed term contract contrary to its express terms.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed with costs.