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Lesotho decisions
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Libuseng Seokho V Sepinare Seokho & 7 Others (CIV/APN/0311/2023) [2024] LSHC 74 (14 November 2024)
The High Court of Lesotho held that a deceased spouse could not unilaterally dispose of joint-estate property by will without the other spouse’s consent.
Moeketsi Lekau & 8 Others V MInistry of Public Service (CIV/APN/458/2021) [2024] LSHC 222 (13 November 2024)
The High Court of Lesotho dismissed a challenge to public service grading changes, finding Grade H in the Human Resources cadre was never abolished.
First National Bank of Lesotho V Khafo Pitsi (CCT/0228/2024) [2024] LSHC 250 (11 November 2024)
The High Court dismissed a summary judgment application over a home loan, finding the defendant raised a bona fide defence and that pre-enforcement notice was not shown.
Maputsoane Mokoma V Lesotho National General Insurance CO. LTD (CIV/T/239/2017) [2024] LSHC 254 (11 November 2024)
The insured driver failed to keep a proper lookout and did not exercise reasonable care, making him negligent and liable for the accident. The Apportionment of Damages Order does not apply to claims by the deceased’s estate, so the plaintiff is entitled to 100 percent of the agreed damages.
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Lkotsi Mokoma V Commander Lesotho Defence Force & 4 Others (C of A (CIV) No 69/2018) [2024] LSCA 39 (9 November 2024)
The Court of Appeal held that section 51(1) of the Lesotho Defence Force Act allows sentencing discretion and does not require imprisonment.
Litsietsti Selimo V Principal Secretary Ministry of Education & 3 Others. (C of A (CIV) No 37/2024) [2024] LSCA 31 (1 November 2024)
The Court of Appeal held that statutory arbitration provisions for land boundaries did not oust the Land Court’s jurisdiction over a dispute about title to land.
Pakalitha Makhele & Ano. V The Qacha's Nek MagistrateCourt Mr. Bale (C of A (CRI) No 08/2024) [2024] LSCA 43 (1 November 2024)
The Court of Appeal struck the appeal off the roll because it challenged revisional proceedings without the required leave to appeal.
Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023) [2024] LSCA 40 (1 November 2024)
The Court of Appeal dismissed an appeal against dismissal of a review challenging a lease registered in the respondent’s name, finding no proof that an adverse claim was pending.
IN RE Alexis Mphahama V Moosa Holdings (PTY) Ltd (C of A (CIV) No 11/2024) [2024] LSCA 16 (1 November 2024)
The applicant failed to demonstrate any patent error or gross injustice in the prior judgment. The application was an impermissible attempt to re-open the appeal rather than correct a clear error. The findings on the applicant's conduct and entitlement to fees were justified by the evidence. The requirements for review jurisdiction were not met.
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Naha Mahao V Lekhooa Moepi & 5 Others (C of A (CIV) No 52/2024) [2024] LSCA 38 (1 November 2024)
The Court of Appeal held that prescription could not be decided without evidence on disputed facts about alleged interruption during settlement talks.
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