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Lesotho decisions
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Mary Leteng Likhabiso Tau V Morongoe Sootho (LC/APN/0021/2024) [2025] LSHC 68 (21 February 2025)
The Court assumed jurisdiction despite the applicant's failure to apply for leave, as no prejudice to respondents was shown and further delay and costs would be unjustified.
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Nkopane Mohlomi V Lesotho National Insurance Company (CIV/T/634/2018) [2025] LSHC 67 (21 February 2025)
The plaintiff’s claim, being statutorily limited to M 12,000.00 under section 8(1) of the Motor Vehicle Insurance Order, 1989, falls within the jurisdiction of the Magistrates’ Court. The High Court’s jurisdiction is ousted unless leave is granted, which was not sought or obtained. The special plea on jurisdiction is upheld.
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Moeketsi Mohlahatsa V The Commander, Lesotho Defence Force (CIV/APN/0094/2023) [2025] LSHC 232 (10 February 2025)
The High Court of Lesotho held that a review application was not barred by statutory prescription, but was dismissed for unreasonable delay of 13 and 14 years.
Rex V Molahlehi Mahlalela (CRI/T/0062/2024) [2025] LSHC 16 (6 February 2025)
The High Court of Lesotho convicted the accused of culpable homicide after a guilty plea was accepted and imposed eight years’ imprisonment, suspended for three years.
Chaola V Chaola (CIV/T/677/2018) [2025] LSHC 7 (6 February 2025)
The High Court of Lesotho dismissed a divorce claim based on alleged malicious desertion, finding the plaintiff failed to prove the required conduct and intent.
The Board of Directors, Lesotho Electricity Company (PTY) LTD V Ministry of Energy & 10 Others (CIV/APN/0216/2024) [2025] LSHC 3 (4 February 2025)
The Minister, as representative of the sole shareholder, had authority to issue show cause letters and remove the Board without convening a special meeting. The process did not violate the Companies Act or Articles of Association. The applicants had no right to interdict or review the removal; their remedy lies in damages. The Minister's removal of the Board during pending proceedings was misconduct warranting censure by way of a punitive costs order.
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Pulane Letseka V Rets'elisitsoe Sootho (CIV/T/0182/2022) [2024] LSHC 110 (19 December 2024)
There were no proven changes in the circumstances of the custodial parent or the children that were inimical to the best interests of the children to justify varying the custody order. The evidence showed the children were better cared for in the father's custody, and the applicant was unable to provide adequate care, support, or ensure their schooling. The application was improperly brought under Rule 45(1)(a), but the court exercised discretion to consider the merits in the children's interests and found no grounds for variation.
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PT Ratalane Contsruction (PTY) Ltd V Ministry of Agriculture and Food Security & Ano. (CCT/0218/2024) [2024] LSHC 251 (11 December 2024)
The High Court of Lesotho dismissed a summary judgment application after finding the defendants had disclosed a bona fide defence based on alleged construction defects.
Netcare Hospitals (PTY)Ltd & 2 Others V Tsepong (PTY) Ltd (CCT/0079/2024) [2024] LSHC 243 (5 December 2024)
The High Court held that a round robin resolution authorising litigation was invalid because not all directors were notified, and dismissed rescission with costs.
Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024) [2024] LSHC 20 (26 November 2024)
The High Court lacks jurisdiction to hear the matter before the applicants have exhausted the procedures and remedies set out in Regulations 43 and 44 of the Land Regulations 2011. The applicants must await the allocating authority's determination of their objection before approaching the court.
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