Lesotho Case Law

Lipholo Moholobela V Lesotho National General Insurance CO, LTD (CIV/T/62/2019)

Lipholo Moholobela V Lesotho National General Insurance CO, LTD (CIV/T/62/2019) [2024] LSHC 117 (15 July 2024)

Court

High Court

Case number

CIV/T/62/2019

The High Court of Lesotho granted an inspection in loco in a motor-vehicle compensation claim to resolve conflicting evidence about the road’s condition at impact.

• Inspection in loco
• Motor vehicle accident compensation
• Judicial discretion
• Inspection-in-loco
• Civil-procedure
• Motor-vehicle-accident-compensation

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Maieane Khaketla V COMPOL (CIV/T/0114/2017)

Maieane Khaketla V COMPOL (CIV/T/0114/2017) [2024] LSHC 133 (10 July 2024)

Court

High Court

Case number

CIV/T/0114/2017

The plaintiff’s arrest was lawful as he committed contempt of court in the presence of police, justifying arrest without a warrant under section 24(a) of the Criminal Procedure and Evidence Act. The manner of arrest was not wrongful as the plaintiff refused to comply voluntarily. The subsequent detention was also lawful, and the claims for damages and contumelia fail for lack of wrongfulness.

Source excerpt

• Unlawful arrest
• Detention
• Contempt of court
• Damages
• Police powers

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Paul Lesholu V Mofihli Noosi & 4 Others (CIV/APN/265/2021)

Paul Lesholu V Mofihli Noosi & 4 Others (CIV/APN/265/2021) [2024] LSHC 108 (18 June 2024)

Court

High Court

Case number

CIV/APN/265/2021

Where a respondent does not file an intention to oppose, Rule 8(13) does not require the applicant to set the matter down. The respondents' failure to prosecute the review application for over a year, despite repeated requests, constitutes inordinate and inexcusable delay, causing prejudice to the applicant and justifying dismissal for want of prosecution.

Source excerpt

• Dismissal for want of prosecution
• Inordinate delay
• High court rules
• Abuse of process

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NKhetheleng Mohale & Ano. V 'Masenate Letsie & 6 Others (LC/APN/61/2014)

NKhetheleng Mohale & Ano. V 'Masenate Letsie & 6 Others (LC/APN/61/2014) [2024] LSHC 105 (18 June 2024)

Court

High Court

Case number

LC/APN/61/2014

The court declared the applicants lawful owners of the plot, found the competing transfer invalid, ordered cancellation of the lease, and directed a lease to the applicants.

• Title to land
• Cancellation of lease
• Rei vindicatio
• Transfer of immovable property
• Land-law
• Property-law

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Democratic Congress and Others v Puseletso and Others (C OF A (CIV) NO. 13/2024)

Democratic Congress and Others v Puseletso and Others (C OF A (CIV) NO. 13/2024) [2024] LSCA 1 (14 June 2024)

Court

Court of Appeal

Case number

C OF A (CIV) NO. 13/2024

The Ninth Amendment to the Constitution of Lesotho is unconstitutional to the extent that it removes the Prime Minister's power to advise the King to dissolve Parliament following a vote of no confidence and mandates the King's appointment of the Prime Minister solely on the National Assembly's choice without public participation. This amendment violates the basic structure of the Constitution by undermining responsible government, the balance of powers, and the constitutional role of the King. The amendment is invalidated prospectively (ex nunc), preserving past actions but restoring the pre…

Source excerpt

• Basic structure doctrine
• Constitutional amendments
• Responsible government
• Parliamentary democracy
• Separation of powers

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kesi MDTE Joint Venture v Water and Sewage Company (CCT/0435/2022)

kesi MDTE Joint Venture v Water and Sewage Company (CCT/0435/2022) [2024] LSHC 42 (13 June 2024)

Court

High Court

Case number

CCT/0435/2022

The High Court held that a special plea based on an arbitration clause succeeded, and the court lacked jurisdiction once litigation was unequivocally opposed.

• Arbitration clause interpretation
• Jurisdiction
• Stay of proceedings
• Arbitration-clause-interpretation
• Stay-of-proceedings
• Commercial-litigation

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Hata-Butle Supermarket (Pty) Ltd v Moiketsi Monethi (aka Max) (CCA/0034/2022)

Hata-Butle Supermarket (Pty) Ltd v Moiketsi Monethi (aka Max) (CCA/0034/2022) [2024] LSHC 41 (13 June 2024)

Court

High Court

Case number

CCA/0034/2022

The High Court of Lesotho varied an earlier rental-payment order under Rule 45(1)(c), finding a common mistake that the applicant’s bank account was active.

• Variation of court orders
• Functus officio
• Mistake common to parties
• Civil-procedure
• Variation-of-court-orders
• Functus-officio

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Lesotho College of Education Student Representative Council & Ano. V The Registrar, Lesotho College of Education & 6 Others (CIV/APN/0090/2024)

Lesotho College of Education Student Representative Council & Ano. V The Registrar, Lesotho College of Education & 6 Others (CIV/APN/0090/2024) [2024] LSHC 253 (12 June 2024)

Court

High Court

Case number

CIV/APN/0090/2024

The High Court held that NMDS had to pay the full tuition and academic fees under the loan bursary agreements, and students could continue studies.

• Interpretation of loan bursary agreements
• Government funding obligations
• Statutory duties of educational institutions
• Mandamus
• Declaratory relief
• Consultation requirements in administrative decisions

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Makhapetla Mabote V Maseru City Council & Ano. (CIV/A/0009/2022)

Makhapetla Mabote V Maseru City Council & Ano. (CIV/A/0009/2022) [2024] LSHC 235 (12 June 2024)

Court

High Court

Case number

CIV/A/0009/2022

The District Land Court lacks jurisdiction to grant pre-emption rights over unallocated land as such rights are not recognized under the Land Act 2010. The reliefs sought are incompetent in land law, and the court cannot grant what the law prohibits.

Source excerpt

• Jurisdiction
• Pre-emption rights
• Mandamus
• Land allocation
• Statutory interpretation

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Kefeletsoe Mojela V Ministry of Local Government and Chieftainship & 3 Others (CIV/APN/0186/2022)

Kefeletsoe Mojela V Ministry of Local Government and Chieftainship & 3 Others (CIV/APN/0186/2022) [2024] LSHC 79 (17 May 2024)

Court

High Court

Case number

CIV/APN/0186/2022

The High Court held that a commissioner’s appointment was unlawful without Gazette publication under section 13(3) of the Local Government Service Act 2008.

• Appointment and removal of public officers
• Ultra vires actions
• Statutory interpretation
• Delegation of ministerial powers
• Validity of public appointments
• Administrative-law

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