Lesotho Case Law

Lebohang Sethathi V Morapeli Borotho & 4 Others (C of A (CIV) No 26/2023 C of A (CIV/REV) No 1/2025)

Lebohang Sethathi V Morapeli Borotho & 4 Others (C of A (CIV) No 26/2023 C of A (CIV/REV) No 1/2025) [2025] LSCA 46 (15 October 2025)

Court

Court of Appeal

Case number

C of A (CIV) No 26/2023 C of A (CIV/REV) No 1/2025

The applicant failed to demonstrate exceptional circumstances such as a patent error or gross injustice in the prior judgment, and advanced a new cause of action not pleaded in the lower courts. The application was unmeritorious and the conduct of counsel warranted costs de bonis propriis on attorney-and-client scale.

Source excerpt

• Review of judgments
• Inherent jurisdiction
• Compensation for improvements
• Costs de bonis propriis
• Condonation

Read case analysis

Mataeli Makhele-Sekhantso V Minister of Local Government and Chieftainship & Ano. (C of A (CIV) 23/2024)

Mataeli Makhele-Sekhantso V Minister of Local Government and Chieftainship & Ano. (C of A (CIV) 23/2024) [2025] LSCA 53 (7 October 2025)

Court

Court of Appeal

Case number

C of A (CIV) 23/2024

The Court of Appeal does not have constitutional or statutory jurisdiction to review its own judgments, but may do so under its inherent jurisdiction only in exceptional circumstances involving a patent error or gross miscarriage of justice. The review application did not meet this threshold. There is no requirement that a review be heard by the same judges who decided the appeal; panel composition is an internal matter. Both the review application and the objection to the panel's composition lacked merit and were dismissed. To prevent abuse, a new gatekeeping procedure for review application…

Source excerpt

• Review of appellate court's own judgment
• Court composition
• Inherent jurisdiction
• Costs
• Finality of litigation

Read case analysis

Road Fund Secretariat V Bafani Construction (PTY) LTD & 3 Others (CCA/0048/2024)

Road Fund Secretariat V Bafani Construction (PTY) LTD & 3 Others (CCA/0048/2024) [2025] LSHC 245 (18 September 2025)

Court

High Court

Case number

CCA/0048/2024

The 1st respondent is in contempt of court for wilfully and unreasonably failing to refer the dispute to arbitration as ordered, and its excuses of poverty and procedural delay are not bona fide. Punitive measures cannot be imposed on unnamed and uncited directors due to lack of joinder and procedural fairness.

Source excerpt

• Contempt of court
• Arbitration
• Company liability
• Procedural fairness

Read case analysis

BETA Group (PTY) LTD V Lehlohonolo Khafiso (CCT/0331/2024)

BETA Group (PTY) LTD V Lehlohonolo Khafiso (CCT/0331/2024) [2025] LSHC 239 (11 September 2025)

Court

High Court

Case number

CCT/0331/2024

The High Court granted an anti-dissipation interdict restraining the defendant from disposing of two Mafeteng properties pending the main claim.

• Anti-dissipation interdict
• Interim relief
• Creditor protection
• Anti-dissipation-interdict
• Interim-interdict
• Creditor-protection

Read case analysis

Seipati Ramone V Standard Lesotho Bank & 4 Others (CCT/0517/2024)

Seipati Ramone V Standard Lesotho Bank & 4 Others (CCT/0517/2024) [2025] LSHC 240 (11 September 2025)

Court

High Court

Case number

CCT/0517/2024

The court found that there was no error in making the deed of settlement an order of court, as the applicant had agreed to its terms, including the right of the 1st respondent to execute upon default. The applicant defaulted on the agreed payments, entitling the 1st respondent to execute. The application for rescission was therefore dismissed.

Source excerpt

• Rescission of judgment
• Mortgage enforcement
• Settlement agreements
• Execution of judgments

Read case analysis

Ideas In Action V Masechaba Sechaba (CCT/0415/2022)

Ideas In Action V Masechaba Sechaba (CCT/0415/2022) [2025] LSHC 234 (4 September 2025)

Court

High Court

Case number

CCT/0415/2022

The High Court of Lesotho dismissed a summary judgment application, finding the defendant had disclosed a bona fide defence based on alleged loan repayments.

• Summary judgment
• Bona fide defence
• Loan repayment
• Summary-judgment
• Bona-fide-defence
• Loan-repayment

Read case analysis

Sekhametsi Investment Consortium LTD & 6 Others V Thuso Green & 23 Others (CCA/0031/2025)

Sekhametsi Investment Consortium LTD & 6 Others V Thuso Green & 23 Others (CCA/0031/2025) [2025] LSHC 224 (28 August 2025)

Court

High Court

Case number

CCA/0031/2025

The High Court upheld the removal of Sekhametsi’s board, held the agenda covered director removal, rejected contract challenges for want of a derivative action, and awarded punitive costs.

• Removal of directors
• Shareholder meetings
• Derivative actions
• Procedural requirements for company litigation
• Costs (punitive)
• Company-law

Read case analysis

Sehloho Lethetsa v Lipuo Sekasha & Ano. (CCT/0262/2016)

Sehloho Lethetsa v Lipuo Sekasha & Ano. (CCT/0262/2016) [2025] LSHC 199 (14 August 2025)

Court

High Court

Case number

CCT/0262/2016

The Plaintiff was not in breach as the payment schedule was disrupted by the Defendant's delay in evicting occupants, and no new payment schedule was agreed. The Defendant did not place the Plaintiff in mora by demand, so no breach occurred. The Defendant's refusal to accept payment and unilateral demand for interest constituted breach. The contract was enforceable as the property was ascertainable. Specific performance was the appropriate remedy.

Source excerpt

• Specific performance
• Breach of contract
• Sale of immovable property

Read case analysis

Pitso Pitso V Principal Secretary- Ministry of Public Works & 3 Others (CCA/0125/2020)

Pitso Pitso V Principal Secretary- Ministry of Public Works & 3 Others (CCA/0125/2020) [2025] LSHC 196 (14 August 2025)

Court

High Court

Case number

CCA/0125/2020

The contract was one of independent contractor, not employment. The applicant was entitled to payment for work done, and the respondents' reliance on Public Service Commission procedures was misplaced. The applicant is entitled to contractual damages for breach of contract.

Source excerpt

• Independent contractor vs employee
• Breach of contract
• Damages

Read case analysis

Condo Construction (PTY) LTD V BRixs Development Company (PTY) LTD (CCT/0379/2024)

Condo Construction (PTY) LTD V BRixs Development Company (PTY) LTD (CCT/0379/2024) [2025] LSHC 197 (14 August 2025)

Court

High Court

Case number

CCT/0379/2024

The High Court of Lesotho granted summary judgment for unpaid construction fees, finding no bona fide defence despite the defendant’s defects allegations.

• Summary judgment
• Certificate of completion
• Contractual obligations
• Retention monies
• Acknowledgment of debt
• Defences to summary judgment

Read case analysis