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Lesotho decisions
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Orange Primate Civils (Pty) Ltd v Red Star Group (Pty) Ltd (C of A (CIV) 16/2023) [2023] LSCA 8 (17 November 2023)
The Court of Appeal struck the appeal off the roll because the appellant should have sought rescission of the default judgment in the High Court under Rule 45(1).
Thabang Jack & 3 Others V Lesotho Revenue Authority & 2 Others (CIV/APN/0105/2022) [2023] LSHC 208 (10 November 2023)
The court found that the applicants' case is based on review of an administrative action by a public functionary, not a labour dispute under the Labour Code, and thus falls within the inherent jurisdiction of the High Court. The delay in filing was reasonably explained, and there was insufficient evidence that the matter was finally determined elsewhere to bar the application on grounds of res judicata.
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Rex V Lebohang Ntsebeng (CRI/T/0100/2022) [2023] LSHC 130 (3 November 2023)
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Rex V Lillo Pitiri (CRI/T/0077/2022) [2023] LSHC 129 (3 November 2023)
The High Court of Lesotho convicted a police officer of murder with dolus eventualis after circumstantial and ballistic evidence linked his service pistol to the shooting.
Minister of Local Government and Chieftainship Affairs V Moseme Makhele (CIV/APN/143/2021) [2023] LSHC 173 (31 October 2023)
The High Court of Lesotho dismissed a rescission bid, holding there was no procedural error in a default judgment or contempt order and that service on the Ministry was sufficient.
Rex V Rants'o TSoho (CRI/T/0070/2018) [2023] LSHC 255 (25 October 2023)
The accused exceeded the limits of private defence by fatally shooting the deceased in the head when less lethal means were available, making him guilty of culpable homicide. His remorse, compensation offer, and first offender status justified a wholly suspended sentence with conditions.
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Rex V Sebilo & 6 Others (CRI/T/0205/2017) [2023] LSHC 254 (19 October 2023)
The High Court of Lesotho discharged seven accused at the close of the Crown’s case, finding no prima facie evidence linking them to the alleged murder.
Mahapela Mohale V COMPOL (CIV/T/134/2021) [2023] LSHC 258 (3 October 2023)
The High Court of Lesotho awarded M30,000 for pain and suffering after police assault, reducing a M500,000 claim because the evidence on injury and impact was limited.
Mats'epo Matlakeng V Ramahetlana Matlakeng &9 Others (CIV/APN/0159/2022) [2023] LSHC 128 (29 September 2023)
The High Court held that a dispute over inheritance and succession in an estate containing land is not a pure land dispute, so it had jurisdiction.
Moroesi Tau-Thabane V 'Malisema Ramashamole & 2 Others (CIV/A/0007/2022) [2023] LSHC 127 (29 September 2023)
The Magistrate Court erred in holding it lacked jurisdiction as the relief sought was a prohibitory interdict, not dependent on the value of the estate or renovations. The onus to prove lack of jurisdiction was not discharged by the first respondent. The court a quo further erred in upholding non-joinder as the testamentary executors had no direct and substantial interest without letters of administration. It was also wrong for the court to grant relief not sought and to proceed after finding it lacked jurisdiction.
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