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Lesotho decisions
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RSMS Construction (PTY) LTD V BAXOLENI (PTY) LTD (CCA 9 of 2023) [2023] LSHC 214 (20 February 2023)
The High Court of Lesotho declined jurisdiction in an urgent attachment application because the applicant did not plead the quantum of its claim.
Qhalane v Makhetha (CCT/0178/2021) [2023] LSHC 1 (16 February 2023)
The plaintiff is entitled to repayment of the purchase price and damages for the handling fee paid to the contractor, but not for loss of business profits, as such loss is not generally recoverable in a contract of sale absent special circumstances. Contributory negligence is not a defence unless it is the sole cause of loss.
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Mokoka V Minister of Police (CIV/T 507 of 2016) [2023] LSHC 31 (13 February 2023)
The High Court held that Mokoka was not promoted to Inspector and therefore was not demoted. The later correction message was a nullity, and the case was dismissed with costs.
Malataliana v Compol (CIV/T/703/2019) [2023] LSHC 7 (10 February 2023)
The High Court of Lesotho found police assaulted the plaintiff in detention and awarded damages for pain, contumelia, and medical expenses, but dismissed unlawful detention.
Issacs v Compol (CIV/T/293/2014) [2023] LSHC 5 (7 February 2023)
The High Court of Lesotho found for the plaintiff, holding that police failed to justify his arrest and detention and awarding damages for assault and related harm.
Tlokotsi v Director of Public Prosecutions (Const. No. 14/2019) [2022] LSHC 169 (15 December 2022)
The application was dismissed because the applicants failed to establish exceptional circumstances justifying collateral constitutional proceedings, did not demonstrate that the PAC's actions resulted in a violation of their fair trial rights, and did not bring their discrimination claim within the ambit of section 18(3) of the Constitution. The DCEO acted within its statutory mandate, and the PAC's summoning of the DPP was void ab initio but did not affect the prosecution. Declaratory relief was not warranted as it would have no practical effect.
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Lesotho Dairy Products (Pty) Ltd v Lesotho National Dairy Board (CCA/0093/2020) [2022] LSHC 167 (15 December 2022)
The applicant failed to prove that the proceedings were duly authorised by a properly constituted board, as the respondent's nominee director was not invited to the meeting where the resolution to institute proceedings was allegedly taken. The deponent's authority was seriously challenged and not substantiated beyond a mere assertion of position. Exclusion of the nominee director was a fatal procedural defect, rendering the resolution and the proceedings unauthorised.
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Basotho Congress Party v Abdulla (CCT/0290/2017) [2022] LSHC 156 (14 December 2022)
The High Court dismissed an urgent application to stay execution of a provisional sentence judgment, holding that leave to appeal should first have been sought.
Classic Distributors v Standard Lesotho Bank (CCT/149/2013) [2022] LSHC 155 (14 December 2022)
The High Court dismissed an application for leave to appeal and stay of execution, holding that the order was final and any appeal lay to the Court of Appeal.
Platcorp Holdings Limited v Platinum Credit Limited (CCA/0109/2022) [2022] LSHC 160 (14 December 2022)
The High Court of Lesotho varied interlocutory orders to account for FNB’s termination of its banking relationship with Platinum Credit Limited.
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