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Lesotho decisions
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Symanthech Holdings v Machai Construction (Pty) Ltd (CCA/0110/2020) [2023] LSHC 20 (4 May 2023)
Commercial motion over alleged project financing and payment entitlement ended with an equal split of proceeds and each party bearing its own costs.
Tholo Energy (Pty) Ltd v Tlelai (CCA/0008/2023) [2023] LSHC 24 (4 May 2023)
Urgent interdict application granted after the respondent interfered with a subleased filling station and raised only points of law without an answering affidavit.
Moipone Fleet Leasing Services (Pty) Ltd v Kolisang (CCA/0115/2022) [2023] LSHC 22 (4 May 2023)
The High Court held that an arbitration clause deprived it of jurisdiction, and dismissed the application with costs. It also confirmed jurisdiction may be raised at any stage.
Ntlatsang v Motloli Catering (CCA/0025/2020) [2023] LSHC 21 (4 May 2023)
The 4th and 5th respondents are not in contempt of court as their disobedience was not willful and mala fide; however, they have no valid lien over the vehicle as they failed to prove necessary expenditure or enrichment of the applicant. The vehicle must be released as per the court order.
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Rex V Motlatsi Rantaoana (CRI/T/0061/2018) [2023] LSHC 259 (3 May 2023)
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Rex V Phaanyane (CRI/T/0069/2022) [2023] LSHC 88 (25 April 2023)
The High Court of Lesotho acquitted the accused of murder, holding that she acted in self-defence and did not use excessive force.
Lesotho Communication Authority V Global Voice SA (CCA 97 of 2022) [2023] LSHC 212 (25 April 2023)
The matter was not properly before the court as it was not enrolled or published on the roll, and the earlier set down date in September was the proper one. The court's business and access to justice for other parties were compromised by the premature set down, which must be discouraged.
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Motloheloa Kibinye V 'Malefa Lekaka (CIV/APN/0232/2022) [2023] LSHC 83 (25 April 2023)
The High Court of Lesotho held that the respondent’s alleged seantlo marriage was invalid and declared her marriage to the deceased void ab initio.
Rex V Natsoane (CRI/T/0015/2021) [2023] LSHC 69 (19 April 2023)
The High Court of Lesotho convicted the accused of murder on circumstantial evidence, rejecting the claim that the deceased’s injuries came from a fall.
MINET Lesotho PTY LTD V The Tender Panel- Lesotho National Development Cooporation (CCA/0089/2022) [2023] LSHC 135 (17 April 2023)
The CEO of LNDC acted irregularly and ultra vires by awarding the tender and signing the contract with the 3rd respondent while a complaint was pending, in breach of the LNDC Procurement Policy and Public Procurement Regulations. The public interest exception was not properly invoked or justified, and there was no evidence the Tender Committee was convened as required. These procedural irregularities are material and render the award and contract unlawful.
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