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Lesotho decisions
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Lesotho Association of non-Formal Education V Women Going Beyond & Ano. (CCT/0285/2023) [2025] LSHC 86 (10 April 2025)
The High Court dismissed a rescission application because it was filed late without a formal condonation application. The court treated the non-compliance as fatal.
Thabiso Tsehla & Ano. V Rethabile Jonathan (CCT/0568/2021) [2025] LSHC 87 (10 April 2025)
The High Court of Lesotho held that a land sale by one spouse was enforceable despite lack of the other spouse’s consent, and ordered transfer of the site.
Rex v Tumelo Phahlang (CRI/T/0119/2024) [2025] LSHC 81 (27 March 2025)
The High Court of Lesotho convicted Tumelo Phahlang of murder after rejecting self-defence and found extenuating circumstances before imposing 20 years’ imprisonment.
Rex V Ngoae Kotelo (CRI/T/0108/2024) [2025] LSHC 70 (21 March 2025)
The evidence proved beyond reasonable doubt that the accused intentionally and unlawfully killed both victims. The accused's actions were premeditated, targeted defenceless women, and showed no immediate remorse. Extenuating circumstances existed but did not outweigh the gravity of the offences. The accused was found guilty on both counts of murder and sentenced to forty years imprisonment on each count, to run concurrently.
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Pusetso Moleko V Ministry of Social Development & Ano. (CIV/ADP/0015/2024) [2025] LSHC 34 (18 March 2025)
The High Court of Lesotho dismissed an adoption application, holding the applicant lacked locus standi and the parents’ reasons for relinquishing the child were insufficient.
Police Constable Duma V COMPOL & 2 Others (CIV/APN/0321/2022) [2025] LSHC 66 (14 March 2025)
The applicant was afforded an opportunity to make written representations as required by Section 31(1)(i) of the Police Service Act, 1998. The Commissioner acted within statutory authority and did not act arbitrarily, irrationally, or in breach of natural justice. An oral hearing was not required by law in these circumstances.
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African Methodist Episcopal CHurch Lesotho V Bohlokoa Tenei & 2 Others (LC/APN/0024/2024) [2025] LSHC 54 (7 March 2025)
Given the unique circumstances where the determination of the case is holding up a significant development project, and the history of repeated delays in the lower court, the interests of justice require expeditious resolution. The application for removal is granted, but the court emphasizes that congested rolls alone are not sufficient grounds for transfer; there must be a proper factual basis justifying removal.
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Manthatisi Qhaau V COMPOL (CIV/T/458/2016) [2025] LSHC 47 (3 March 2025)
The 1st Plaintiff was unlawfully arrested and detained for two days without charge, with no credible justification from the police. Her claims for assault, contumelia, and loss of support failed due to lack of evidence. The 2nd Plaintiff, having incurred burial expenses, was entitled to reimbursement as his evidence was unchallenged. Joinder of the 2nd Plaintiff was necessary for convenience and to avoid multiplicity of actions.
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Khetsi Khetsi V 'Mabatho Tlali-tlali & Ano. (CIV/T/702/2018) [2025] LSHC 51 (28 February 2025)
The High Court of Lesotho dismissed an application for absolution from the instance after finding the plaintiff had adduced enough evidence to make a prima facie case.
Keketso Thulo V Khoboko Thulo (CIV/T/0640/2024) [2025] LSHC 56 (26 February 2025)
The High Court of Lesotho dismissed an uncontested divorce application, finding that the applicant failed to prove domicile in Lesotho or satisfy the statutory extended jurisdiction requirements.
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