Thabelang Moeketsi & 2 Others V Lesotho General Insurance Co. Ltd (C of A (CIV) 48/2025) [2025] LSCA 72 (7 November 2025)

Thabelang Moeketsi & 2 Others V Lesotho General Insurance Co. Ltd (C of A (CIV) 48/2025) [2025] LSCA 72 (7 November 2025)

The appellants lacked locus standi because they failed to demonstrate that they fell within the categories of persons eligible for compensation under section 8(1)(a) of the Motor Vehicle Insurance Order 1989. The impugned provision did not apply in relation to them, and therefore they could not challenge its constitutionality under section 22(1) of the Constitution.

Citation
[2025] LSCA 72
Parties
1st Appellant: Thabelang David Moeketsi; 2nd Appellant: Limakatso Taaso; 3rd Appellant: Molahloe Simon Mosola; 1st Respondent: Lesotho General Insurance Co Ltd; 2nd Respondent: Minister of Planning and Development; 3rd Respondent: Minister of Finance; 4th Respondent: Minister of Law and Constitutional Affairs; 5th Respondent: Attorney General
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
7 November 2025
Case Number
C of A (CIV) 48/2025
Procedural Posture
Civil Appeal / Appeal From High Court on Preliminary Objection (locus Standi)
Outcome
Appeal dismissed
Legal Topics
Locus Standi, Motor Vehicle Insurance, Discrimination, Limitation of Liability
Source Language
English
Constitutional Law Insurance Law Locus Standi Motor Vehicle Insurance Discrimination Limitation of Liability

Case Brief

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Parties

Thabelang David Moeketsi

1st Appellant

Limakatso Taaso

2nd Appellant

Molahloe Simon Mosola

3rd Appellant

Lesotho General Insurance Co Ltd

1st Respondent

Minister of Planning and Development

2nd Respondent

Minister of Finance

3rd Respondent

Minister of Law and Constitutional Affairs

4th Respondent

Attorney General

5th Respondent

Procedural Posture

Civil Appeal / Appeal From High Court on Preliminary Objection (locus Standi)

Legal Issues

  1. 1 Whether the appellants had locus standi to challenge the constitutionality of section 8 of the Motor Vehicle Insurance Order 1989
  2. 2 Whether the appellants fell within the categories of persons eligible for compensation under section 8(1)(a) of the Order

Ratio Decidendi

The appellants lacked locus standi because they failed to demonstrate that they fell within the categories of persons eligible for compensation under section 8(1)(a) of the Motor Vehicle Insurance Order 1989. The impugned provision did not apply in relation to them, and therefore they could not challenge its constitutionality under section 22(1) of the Constitution.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • No order as to costs