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Lesotho decisions
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Moitheri Mohapi V PS, Ministry of Public Service (CIV/APN/0007/2023) [2024] LSHC 179 (24 September 2024)
The High Court of Lesotho ordered the Principal Secretary to show cause why she should not be committed for contempt after non-compliance with a consent order.
Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024) [2024] LSHC 166 (17 September 2024)
The High Court of Lesotho held that a will contravening a divorce decree was invalid and declared the deceased intestate, setting aside the executrix’s appointment.
Molikuoa Sekhonyana V P.S Ministry of Public Service & 4 Others (CIV/APN/0300/2022) [2024] LSHC 229 (13 September 2024)
The High Court of Lesotho dismissed a judicial review challenge to public service job grading, finding no discrimination or irrationality in regrading the applicants to Grade I.
Malebohang Seholoholo V Tommy Rasethunt'sa & 10 Others (LC/APN/0002/2023) [2024] LSHC 230 (6 September 2024)
Applicant failed to prove valid title as the Form C was issued under a repealed law by a local chief without authority in an urban area; no evidence of fraud or error in the issuance of the impugned leases; all legal procedures for inheritance and lease issuance were followed by the 1st respondent.
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Mots'eoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (CIV/APN/0028/2023) [2024] LSHC 274 (4 September 2024)
The existence of a binding arbitration clause in the applicants' contracts ousts the jurisdiction of the High Court to entertain the dispute. The parties voluntarily chose arbitration as their dispute resolution mechanism, and the court must respect that choice unless the agreement is set aside or found contrary to public policy, which is not the case here.
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Mafeta Monethi V Chairperson, Benefits Administration Committee & 2 Others (CIV/APN/385/2019) [2024] LSHC 158 (4 September 2024)
The court found that the Respondents acted within the law, properly included the applicant’s past service benefit in the computation, and that no reviewable irregularity occurred. The application for review was therefore dismissed with costs.
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Palo Moshoeshoe V Limkokwing University of Creative Technology (CIV/APN/0347/2022) [2024] LSHC 148 (20 August 2024)
The respondent’s decision to suspend the applicant was an exercise of managerial prerogative under the employment relationship, not a public administrative function; therefore, the High Court lacks jurisdiction and the matter falls within the exclusive purview of labour fora.
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Mosito Ramahloko t/a Tip Top Guest House V NedBank Lesotho Limited & 3 Others (CC /0022/2023) [2024] LSHC 139 (19 August 2024)
The court declined jurisdiction because the Applicant had adequate means of redress under Rule 28(3) of the High Court Rules, 1980, and thus the constitutional challenge was not properly before the court. The application was dismissed on this basis.
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Mathuso Kao-Liphoto V Senohe Monokoane (CIV/APN/405/2015) [2024] LSHC 273 (7 August 2024)
High Court of Lesotho motor-vehicle collision case on liability and damages. The court found the defendant negligent and assessed damages using purchase price less depreciation.
Lesotho College of Education Staff Union V The Governing Council-Lesotho College of Education & 4 Others (CIV/APN/0175/2024) [2024] LSHC 119 (23 July 2024)
The High Court of Lesotho dismissed a staff union’s application over the Rector recruitment process, finding the applicant lacked locus standi to seek the reliefs.
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