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Lesotho decisions
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Moabi Sesioana V Director of Public Prosecutions (CRI/T/228/2023) [2023] LSHC 209 (27 September 2023)
Bail was refused because the accused failed to show exceptional circumstances under section 109A of the Criminal Procedure and Evidence Act.
Makhotso Mahosi V DCEO & 2 Others (CIV/APN/0004/2023) [2023] LSHC 201 (27 September 2023)
The High Court is not the proper forum to determine the admissibility of evidence, voluntariness of admissions, or lawfulness of the search and seizure in the context of a civil application. These are matters for the trial court, which can test the evidence and credibility of witnesses through cross-examination. The application is therefore dismissed.
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Mpho Masoka V Lesotho National General Insurance Co. Ltd (CIV/T/516/2019) [2023] LSHC 157 (23 September 2023)
High Court motor vehicle negligence case finding both drivers equally at fault and awarding the plaintiff 50% of proven damages.
Motoko V The prime Minister of Lesotho (CIV/APN/0055C/2023) [2023] LSHC 252 (15 September 2023)
The High Court of Lesotho dismissed a recusal application, finding no reasonable apprehension of bias and ordering de bonis propriis costs against counsel.
CGM Industrial (PTY) LTD V MADHAV VASANT DALVI (CCA/0045/2023) [2023] LSHC 143 (14 September 2023)
The High Court of Lesotho dismissed a derivative-action application because the shareholder cited the companies as applicants, which was held to be a fatal irregularity.
SOLANDRA INC. (In Liquidation) V VASANT (CCA/0101/2022) [2023] LSHC 138 (14 September 2023)
The High Court of Lesotho rescinded earlier orders, holding that a foreign liquidator must first be recognised before suing in Lesotho.
Molumo V Lesotho Police Staff (CCA/0143/2022) [2023] LSHC 253 (14 September 2023)
The High Court of Lesotho dismissed an urgent application to stop salary deductions, finding abuse of urgency procedure and no prima facie right to interim relief.
Thahe V Lesotho National General Insurance Company Limited (CIV/APN/424/2020) [2023] LSHC 144 (14 September 2023)
The insured driver was solely negligent for the accident, having failed to exercise due care and skill in a built-up area with known pedestrian activity. The plaintiff did not contribute to the accident. The claim for loss of earnings failed for lack of proof, but general damages for pain, suffering, and loss of amenities of life were awarded, less the amount already received from the insured driver.
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Qathatsi V Commissioner General RSL (CCA/0025/2022) [2023] LSHC 139 (14 September 2023)
The High Court refused condonation for a late appeal, holding that the ten-month unexplained delay was inordinate and undermined finality to litigation.
Setlojoane V COMPOL (CONST Case No 11 of 2021) [2023] LSHC 136 (14 September 2023)
The High Court, sitting as a Constitutional Court, dismissed a challenge over police demands for client files and fees, holding that adequate trial remedies existed.
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