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Lesotho decisions
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First National Bank of Lesotho VBokang Mohajane & Ano. (C of A (CIV) No.67.2022) [2025] LSCA 68 (7 November 2025)
The Court of Appeal held that an appeal lapsed automatically under Rule 5(3) after no record was lodged within time and no extension was obtained.
Lesotho Highlands Development Authority (C of A (CIV) No.28/2025) [2025] LSCA 57 (7 November 2025)
The Court of Appeal held that LHDA’s duty to compensate affected communities arose from the Constitution, treaty and statute, and could not be defeated by policy.
Moeketsi Mohlahatsa & Ano. V The Commander LDF & Ano. (C of A (CIV/REV) No. 39/2025) [2025] LSCA 63 (7 November 2025)
The Court of Appeal held that delayed review was fatal to the gratuity claim but not to the pension claim, which was a continuing wrong. The matter was remitted.
Revenue Services Lesotho & Ano. V Liqhobong Mining Development & Ano. (C of A (CIV) No.43/2025) [2025] LSCA 67 (7 November 2025)
The Court of Appeal held that the High Court lacked jurisdiction to suspend tax payment pending RAT processes; jurisdiction was deferred, not ousted.
Teboho Liau V Minister of Defence and National Security & 3 Others (C of A (CIV) 22/2025) [2025] LSCA 52 (7 November 2025)
The Court of Appeal granted condonation for a late review, held the matter was not res judicata, and set aside punitive costs against the appellant.
Litsoene Makhamisa V Director of Public Prosecution (C of A (CRI) 2/2025) [2025] LSCA 76 (7 November 2025)
The Court of Appeal upheld murder and unlawful damage convictions, preferring eyewitness evidence over inconclusive medical opinion and confirming a 25-year sentence.
Tsotang Seatile & 61 Others V Minister of Justice and Law & 3 Others (C of A (CIV) No. 24/2025) [2025] LSCA 55 (7 November 2025)
The Court of Appeal held that court presidents had no proven legitimate expectation to higher grades and dismissed the appeal, also noting the High Court lacked jurisdiction.
Litsietsi Tlelase & Ano. V The Commissioner of Police & 5 Others (C of A (CIV) 46/2025) [2025] LSCA 70 (7 November 2025)
The Court of Appeal held that indigency and State inaction justified extending time to sue the police over a death in custody.
Mamphuto Jessie V Executrix Estate Mohapi Jessie & 2 Others (C of A (CIV/REV) No 02/2025) [2025] LSCA 47 (7 November 2025)
The Court of Appeal dismissed a review of its own earlier judgment, holding that review is exceptional and cannot be used to reopen issues not previously decided.
Realeboha Nkuatsana & Ano. V Minister of Justice, Law and Parliamentary Affairs & 2 Others (C of A (CIV) No 19/2025) [2025] LSCA 50 (7 November 2025)
The High Court lacked jurisdiction to entertain the application under its ordinary civil jurisdiction because the claim was a constitutional complaint requiring compliance with section 22 of the Constitution and the Constitutional Litigation Rules. The proceedings were a nullity and must commence de novo before the Constitutional Division of the High Court.
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