Lesotho Case Law

Motoko and 4 others V The Prime Minister of Lesotho (CIV/APN/0055B/2023)

Motoko and 4 others V The Prime Minister of Lesotho (CIV/APN/0055B/2023) [2023] LSHC 251 (29 December 2023)

Court

High Court

Case number

CIV/APN/0055B/2023

The High Court has no jurisdiction to grant leave to appeal its own interlocutory orders; such leave must be sought from the Court of Appeal as mandated by section 16(1)(b) of the Court of Appeal Act. The application was therefore incompetent and dismissed.

Source excerpt

• Leave to appeal
• Interlocutory orders
• Jurisdiction
• Court of appeal act interpretation

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Chaka V Ramathebane (CCA/0109/2023)

Chaka V Ramathebane (CCA/0109/2023) [2023] LSHC 248 (19 December 2023)

Court

High Court

Case number

CCA/0109/2023

The High Court had jurisdiction as the value of the tractor exceeded the subordinate court's monetary ceiling. The applicant was in peaceful and undisturbed possession and was wrongfully dispossessed by the 1st respondent, whose version was rejected as implausible. The applicant was entitled to restoration of possession.

Source excerpt

• Mandament van spolie
• Jurisdiction
• Possessory remedies

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Thabiso Mosao V Mabohlale Makakole & 3 Others (CIV/T/570/2023)

Thabiso Mosao V Mabohlale Makakole & 3 Others (CIV/T/570/2023) [2023] LSHC 26 (12 December 2023)

Court

High Court

Case number

CIV/T/570/2023

The court lacks jurisdiction to entertain the plaintiff's claim for a declarator as customary heir because the procedure under section 14(4) of the Laws of Lerotholi, requiring family council arbitration, was not exhausted. The special plea of jurisdiction is upheld and the matter is dismissed for being prematurely before the court.

Source excerpt

• Heirship dispute
• Jurisdiction
• Family council arbitration
• Declaratory orders

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Rex V Makhakhe Makoele (CRI/T/0062/2018)

Rex V Makhakhe Makoele (CRI/T/0062/2018) [2023] LSHC 217 (1 December 2023)

Court

High Court

Case number

CRI/T/0062/2018

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Source excerpt

• Content Filtered

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Netcare Hospital Group Proprietary Limited V Ts'epong Proprietary Limited (CCA/0056/2023)

Netcare Hospital Group Proprietary Limited V Ts'epong Proprietary Limited (CCA/0056/2023) [2023] LSHC 146 (30 November 2023)

Court

High Court

Case number

CCA/0056/2023

The High Court of Lesotho granted a shareholder leave to bring derivative proceedings under section 77 of the Companies Act, 2011 over failed debt recovery efforts.

• Derivative action
• Authority to represent company
• Board deadlock
• Prescription of claims
• Derivative-action
• Authority-to-represent-company

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Vision Transport Logistics V Tichere Pule Van Rentals and Right to Care Lesotho ( AS CONSOLIDATED) (CCT/0166/2023)

Vision Transport Logistics V Tichere Pule Van Rentals and Right to Care Lesotho ( AS CONSOLIDATED) (CCT/0166/2023) [2023] LSHC 147 (30 November 2023)

Court

High Court

Case number

CCT/0166/2023

The High Court dismissed two consolidated summary judgment applications because the summonses did not disclose causes of action and declarations could not be relied on.

• Summary judgment
• Cause of action
• Pleadings
• Non-compliance with court rules
• Summary-judgment
• Cause-of-action

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Network of Excellence Consortium Agreement (NECA) V Kata (CCT/0496/2021)

Network of Excellence Consortium Agreement (NECA) V Kata (CCT/0496/2021) [2023] LSHC 148 (30 November 2023)

Court

High Court

Case number

CCT/0496/2021

The High Court of Lesotho set aside default judgment for lack of service of the notice of set down, holding the order was erroneously granted.

• Default judgment
• Rescission of judgment
• Service of process
• Bar to pleadings
• Default-judgment
• Rescission-of-judgment

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Mapota V Makoae t/a MR Plumber and Maintance (CCA/0107/2021)

Mapota V Makoae t/a MR Plumber and Maintance (CCA/0107/2021) [2023] LSHC 149 (30 November 2023)

Court

High Court

Case number

CCA/0107/2021

The High Court granted cancellation of a verbal supply contract, ordering restitution of M34,314.50 for undelivered bathroom materials and costs.

• Breach of contract
• Restitution
• Cancellation of agreement
• Breach-of-contract
• Cancellation-of-agreement
• Motion-procedure

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Vishan Clothing Industries v Niminta Fashion (Pty) Ltd (C of A (CIV) 01/2023)

Vishan Clothing Industries v Niminta Fashion (Pty) Ltd (C of A (CIV) 01/2023) [2023] LSCA 4 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 01/2023

The Court of Appeal allowed an appeal and granted anti-asset dissipation relief, finding a reasonable apprehension that assets were being moved to defeat judgment.

• Urgency in applications
• Mareva injunction
• Anti-asset dissipation interdict
• Attachment of assets
• Costs orders
• Mareva-injunction

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Metsing Khoete v Hata-Butle (Pty) Ltd (C of A (CIV) 20/2023)

Metsing Khoete v Hata-Butle (Pty) Ltd (C of A (CIV) 20/2023) [2023] LSCA 11 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 20/2023

The appellants' non-compliance with the rules of court was egregious, inadequately explained, and not bona fide. The cumulative effect of late filing of the record, failure to apply for condonation for late heads of argument, and failure to provide security for costs as required by the rules warranted refusal of condonation and striking the appeal off the roll, regardless of prospects of success.

Source excerpt

• Contempt of court
• Interlocutory relief
• Appeal procedure
• Security for costs
• Condonation
• Non-compliance with rules

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