Jobo v Letshego Holdings (CCA/0068/2021) [2022] LSHC 59 (18 August 2022)
The Accountant-General’s failure to stop deductions was not wilful or mala fide as salary payments had already been processed and reasonable steps were taken to comply with the order. Applicants are not entitled to refunds as respondents were not unjustly enriched; the deductions were used to repay applicants’ valid loan obligations.
- Citation
- [2022] LSHC 59
- Parties
- Applicant: Moeketsi Jobo; Applicant: 'Mamopiopone Boseka; Applicant: Mothonyana Mabula; Applicant: Lebohang Rankuatsana; Applicant: Khotso Molikoe; Applicant: 'Malineo Leuta; Applicant: Lebohang Masoabi; Applicant: Halieo Mopeli; Applicant: 'Makoanyane Lechako; Applicant: Hlalele Shale; Applicant: Thomelo Nkofo; Applicant: Ntsokoleng Moerane; Applicant: 'Matsele Tsele; Applicant: Libakana Barete; Applicant: 'Maithabeleng Ramantsane; Applicant: Liteboho Ramonyaluoe; Applicant: Sello Majajane; Applicant: Molahlehi Tseole; Applicant: 'Mashale Ramakhula; Applicant: Apesi Napo; Applicant: Liketso Malataliana; Applicant: 'Maselloane Rakhongoana; Applicant: Malee Khampepe; Applicant: 'Mamonyane Lilemo; Applicant: Sekake Makoanyane; Applicant: Ntlhonamo Rosa Mohejane; 1st Respondent: Letshego Holdings (Pty) Ltd; 2nd Respondent: Lesana Financial Services (Pty) Ltd; 3rd Respondent: Platinum Credit Lesotho (Pty) Ltd; 4th Respondent: Netloans (Pty) Ltd; 5th Respondent: Alimela Thuto Financial Ltd; 6th Respondent: Accountant General; 7th Respondent: National Treasury; 8th Respondent: Commissioner (Central Bank of Lesotho); 9th Respondent: Attorney General
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 18 August 2022
- Case Number
- CCA/0068/2021
- Procedural Posture
- Civil Application / Judgment
- Outcome
- Application dismissed with costs
- Legal Topics
- Contempt of Court, Unjust Enrichment, Salary Deductions, Microfinance Regulation
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Moeketsi Jobo
Applicant
'Mamopiopone Boseka
Applicant
Mothonyana Mabula
Applicant
Lebohang Rankuatsana
Applicant
Khotso Molikoe
Applicant
'Malineo Leuta
Applicant
Lebohang Masoabi
Applicant
Halieo Mopeli
Applicant
'Makoanyane Lechako
Applicant
Hlalele Shale
Applicant
Thomelo Nkofo
Applicant
Ntsokoleng Moerane
Applicant
'Matsele Tsele
Applicant
Libakana Barete
Applicant
'Maithabeleng Ramantsane
Applicant
Liteboho Ramonyaluoe
Applicant
Sello Majajane
Applicant
Molahlehi Tseole
Applicant
'Mashale Ramakhula
Applicant
Apesi Napo
Applicant
Liketso Malataliana
Applicant
'Maselloane Rakhongoana
Applicant
Malee Khampepe
Applicant
'Mamonyane Lilemo
Applicant
Sekake Makoanyane
Applicant
Ntlhonamo Rosa Mohejane
Applicant
Letshego Holdings (Pty) Ltd
1st Respondent
Lesana Financial Services (Pty) Ltd
2nd Respondent
Platinum Credit Lesotho (Pty) Ltd
3rd Respondent
Netloans (Pty) Ltd
4th Respondent
Alimela Thuto Financial Ltd
5th Respondent
Accountant General
6th Respondent
National Treasury
7th Respondent
Commissioner (Central Bank of Lesotho)
8th Respondent
Attorney General
9th Respondent
Procedural Posture
Civil Application / Judgment
Legal Issues
- 1 Whether the Accountant-General’s failure to comply with the court order was deliberate and mala fide
- 2 Whether the applicants are entitled to refunds of salary deductions made contrary to a court order
Ratio Decidendi
The Accountant-General’s failure to stop deductions was not wilful or mala fide as salary payments had already been processed and reasonable steps were taken to comply with the order. Applicants are not entitled to refunds as respondents were not unjustly enriched; the deductions were used to repay applicants’ valid loan obligations.
Court Disposition
Application dismissed with costs
Full Case Text
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