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Lesotho Case Law

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Civil procedure [2023] LSHC 141

Ramakoala V Monts'o (CCA/0108/2021)

Ramakoala V Monts'o (CCA/0108/2021) [2023] LSHC 141 (14 September 2023)

The High Court of Lesotho dismissed a civil application because a material dispute of fact about valuation was foreseeable and unsuitable for motion proceedings.

  • Dispute of fact
  • Motion proceedings
  • Dismissal of application
  • Inheritance
  • Contract cancellation
  • Civil-procedure
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Employment law [2023] LSHC 256

Masentle Mpobole & Ano. V The Principal Secretary- Ministry of Public Service, Labour and Employment & 2 Others. (CIV/APN/0193/2023)

Masentle Mpobole & Ano. V The Principal Secretary- Ministry of Public Service, Labour and Employment & 2 Others. (CIV/APN/0193/2023) [2023] LSHC 256 (29 August 2023)

The applicants' claims arose from their employment contracts and should have been brought within two years from their respective dates of appointment. The prescriptive period under section 6 of the Act is mandatory and not subject to interruption by internal communications. The claims were filed long after the expiry of the prescriptive period and are therefore dismissed as prescribed.

  • Prescription
  • Employment contracts
  • Government liability
  • Salary grading
  • Mandatory interdicts
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Administrative law [2023] LSHC 200

Seriti Tlokotsi V Director General National Service s & Others (CIV/APN/336/2021)

Seriti Tlokotsi V Director General National Service s & Others (CIV/APN/336/2021) [2023] LSHC 200 (25 August 2023)

High Court review dismissed where an employee reinstated retrospectively failed to report for duty for months and had no valid excuse for the absence.

  • Review of administrative action
  • Dismissal from employment
  • Reinstatement
  • Absenteeism
  • Interpretation of court orders
  • Administrative-law-review
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Tort law [2023] LSHC 203

Tumelo Machachamise V Sechaba Sello & 2 Others (CIV/T/605/2020)

Tumelo Machachamise V Sechaba Sello & 2 Others (CIV/T/605/2020) [2023] LSHC 203 (25 August 2023)

High Court ruling dismissing absolution from the instance in a vehicle-damage claim after a multi-crash accident, finding enough evidence to proceed.

  • Negligence
  • Vicarious liability
  • Damages
  • Absolution from the instance
  • Absolution-from-the-instance
  • Civil-procedure
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Administrative law [2023] LSHC 202

Bridge Taxi Finance No.2 PTY Ltd V Sekoala Rajane & 4 Others (CIV/APN/392/2022)

Bridge Taxi Finance No.2 PTY Ltd V Sekoala Rajane & 4 Others (CIV/APN/392/2022) [2023] LSHC 202 (25 August 2023)

The High Court reviewed and set aside the Assistant Registrar’s approval of a security bond, holding that the 1st respondent should have been heard.

  • Security for costs
  • Review of registrar's decision
  • Audi alteram partem
  • Sufficiency of security bond
  • Security-for-costs
  • Judicial-review
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Labour law [2023] LSLAC 170

Revenue Services of Lesotho V Baile Dube & 7 Others (LC/42/2023)

Revenue Services of Lesotho V Baile Dube & 7 Others (LC/42/2023) [2023] LSLAC 170 (25 August 2023)

The Labour Appeal Court held that a fairness challenge to an employment restructuring policy was an industrial relations dispute within Labour Court jurisdiction.

  • Jurisdiction
  • Industrial relations
  • Restructuring policy
  • Fairness of employment policy
  • Labour-law
  • Industrial-relations
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Civil procedure [2023] LSHC 29

Tholang Mofolo V Chaphole Mofolo (CIV/A/38/2021)

Tholang Mofolo V Chaphole Mofolo (CIV/A/38/2021) [2023] LSHC 29 (8 August 2023)

The High Court of Lesotho dismissed an application for condonation of a late appeal, finding the delay unexplained and the appeal record not filed.

  • Condonation
  • Appeal procedure
  • Late filing
  • Court discretion
  • Appeal-procedure
  • Late-filing
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Administrative law [2023] LSHC 134

PT Ratalane Construction PTY LTD V P.S Ministry od Education and Training (CCA/0125/2022)

PT Ratalane Construction PTY LTD V P.S Ministry od Education and Training (CCA/0125/2022) [2023] LSHC 134 (3 August 2023)

The High Court of Lesotho set aside a tender cancellation, finding it unfair and unreasonable because no reasons were given to the successful bidder.

  • Tender cancellation
  • Procedural fairness
  • Judicial review
  • Remedies in administrative law
  • Administrative-law
  • Procurement-law
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Civil procedure [2023] LSHC 131

First National Bank of Lesotho V Ramoabi (CC/0563/2021)

First National Bank of Lesotho V Ramoabi (CC/0563/2021) [2023] LSHC 131 (3 August 2023)

The High Court granted summary judgment for the bank, holding that a labour-law counterclaim pending before the DDPR could not defeat a liquidated debt claim.

  • Summary judgment
  • Counterclaim
  • Jurisdiction
  • Employment dismissal
  • Loan agreement
  • Summary-judgment
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Banking law [2023] LSHC 132

Rampooana V The Fist National Bank of Lesotho (CCA/0073/2022)

Rampooana V The Fist National Bank of Lesotho (CCA/0073/2022) [2023] LSHC 132 (3 August 2023)

The bank had no statutory or contractual authority to freeze the 1st applicant’s account or reverse the funds absent a court order; its obligations were limited to reporting suspicious transactions. The 3rd applicant had standing due to its interest in the funds, but the 2nd applicant did not.

  • Money laundering
  • Bank account freezing
  • Locus standi
  • Declaratory orders
  • Interdicts
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