Lesotho Case Law

Mako Mohale v Minister of Law and Constitutional Affairs (C OF A (CIV) 14/2023)

Mako Mohale v Minister of Law and Constitutional Affairs (C OF A (CIV) 14/2023) [2024] LSCA 8 (3 May 2024)

Court

Court of Appeal

Case number

C OF A (CIV) 14/2023

The applicants failed to provide a satisfactory explanation for the 14-year delay in seeking review of the 2009 appellate judgment. No reasonable efforts were made to reconstruct the record, and there was no evidence of limiting social factors preventing earlier action. The delay is inordinate and inexcusable, and the interests of finality in litigation and the integrity of the administration of justice outweigh the applicants' claims. Condonation is refused and the application is dismissed with costs.

Source excerpt

• Condonation for delay
• Review of appellate judgment
• Legitimacy under customary law
• Putative marriage
• Chieftainship succession
• Res judicata

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Motlatsi Mapola V COMPOL & 2 Others (CIV/APN/0008/2023)

Motlatsi Mapola V COMPOL & 2 Others (CIV/APN/0008/2023) [2024] LSHC 77 (26 April 2024)

Court

High Court

Case number

CIV/APN/0008/2023

The High Court held that the applicant’s date of birth was 8 December 1968, not 8 March 1968, and set aside the retirement decision based on the earlier date.

• Compulsory retirement
• Date of birth dispute
• Public service
• Evidence of age
• Compulsory-retirement
• Date-of-birth-dispute

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Director of Elections V Tuoe Hants'i (LAC/CIV/A/18/2023)

Director of Elections V Tuoe Hants'i (LAC/CIV/A/18/2023) [2024] LSLAC 6 (15 April 2024)

Court

Labour Appeal Court

Case number

LAC/CIV/A/18/2023

The Labour Court erred by granting orders that went beyond interpreting its prior order and by granting reliefs not sought by the parties; only the order clarifying the need for a de novo disciplinary hearing with legal representation is confirmed.

Source excerpt

• Interpretation of court orders
• Labour disciplinary proceedings
• Jurisdiction of labour court
• Legal representation in disciplinary hearings

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Pakalitha Makhele & Ano. V The Magistrate, Qacha's Nek Magistrate Court, Mr Bale & 2 Others (CRI/REV/0117/2023)

Pakalitha Makhele & Ano. V The Magistrate, Qacha's Nek Magistrate Court, Mr Bale & 2 Others (CRI/REV/0117/2023) [2024] LSHC 60 (12 April 2024)

Court

High Court

Case number

CRI/REV/0117/2023

No procedural irregularities occurred in the trial court; applicants were properly informed of their rights, charges were explained, and sentences for two separate incidents were not a duplication. The review application is misconceived and dismissed.

Source excerpt

• Sexual offences
• Sentencing
• Judicial review
• Procedural irregularity

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COLEPE V Maseru City Council & 4 Others (CIV/APN/0040/2024)

COLEPE V Maseru City Council & 4 Others (CIV/APN/0040/2024) [2024] LSHC 48 (28 March 2024)

Court

High Court

Case number

CIV/APN/0040/2024

The High Court dismissed an urgent challenge to refusal of a procession permit, holding that the applicants had not exhausted the statutory appeal to the Minister.

• Exhaustion of local remedies
• Freedom of association
• Freedom of expression
• Judicial review
• Public processions
• Urgency in applications

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Makhomo Thetsane V Moeketsi Thetsane & Ano. (LC/APN/0011/2022)

Makhomo Thetsane V Moeketsi Thetsane & Ano. (LC/APN/0011/2022) [2024] LSHC 163 (22 March 2024)

Court

High Court

Case number

LC/APN/0011/2022

The 1st respondent failed to prove the existence and terms of a valid sale agreement or payment of consideration. The applicant did not intend to transfer ownership to the 1st respondent, and any signatures were either forged or obtained by misrepresentation. Therefore, the transfer was null and void and ownership did not pass despite registration.

Source excerpt

• Fraudulent transfer of land
• Cancellation of deed of transfer
• Abstract theory of transfer of ownership
• Requirements of real agreement
• Intention to transfer ownership
• Burden of proof in civil cases

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Likopo Libe V WASCO (CIV/APN/0028/2023)

Likopo Libe V WASCO (CIV/APN/0028/2023) [2024] LSHC 52 (22 March 2024)

Court

High Court

Case number

CIV/APN/0028/2023

The High Court of Lesotho granted condonation for a late answering affidavit and dismissed a Rule 30 challenge, accepting the delay was explained.

• Condonation
• Irregular proceedings
• Judicial review
• Employer-employee relations
• Rule-30
• Civil-procedure

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Dr. Mohale Phehlane V The Prime Minister, Hon. Sam Matekane &3 Others (CIV/APN/0384/2023)

Dr. Mohale Phehlane V The Prime Minister, Hon. Sam Matekane &3 Others (CIV/APN/0384/2023) [2024] LSHC 8 (22 March 2024)

Court

High Court

Case number

CIV/APN/0384/2023

The High Court of Lesotho dismissed a request for default judgment, condoned procedural non-compliance, and set the review down to be heard on the merits.

• Default judgment
• Condonation of irregularities
• Appointment to public office
• Review proceedings
• Default-judgment
• Condonation

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Marumo Tsili V COMPOL & 4 Others (CIV/APN/140/2020)

Marumo Tsili V COMPOL & 4 Others (CIV/APN/140/2020) [2024] LSHC 13 (15 February 2024)

Court

High Court

Case number

CIV/APN/140/2020

The High Court held that a police officer resigned with immediate effect before his early retirement took effect, so the retirement claim failed.

• Retirement
• Resignation
• Termination of employment
• Employee benefits
• Disciplinary proceedings
• Employment-law

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Liteboho Ramakhula V The Chairperson-Mafeteng Urban Council (CIV/APN/344/2020)

Liteboho Ramakhula V The Chairperson-Mafeteng Urban Council (CIV/APN/344/2020) [2024] LSHC 4 (19 January 2024)

Court

High Court

Case number

CIV/APN/344/2020

Mandamus is not an appropriate remedy because the core dispute is over heirship and succession to the estate, not merely land allocation. The High Court must first determine the rightful heir before the land allocation procedures under Regulation 44 can be invoked. The application for mandamus is therefore dismissed.

Source excerpt

• Mandamus
• Heirship
• Succession to estate
• Jurisdiction
• Land allocation

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