Lesotho Case Law

Sentso Kelumetse Ramochela ( In his capacity as the duly appointed Executor of the Estate of Late Robert Molapo) V NEDBANK Lesotho Limited (CCT/0043/2024)

Sentso Kelumetse Ramochela ( In his capacity as the duly appointed Executor of the Estate of Late Robert Molapo) V NEDBANK Lesotho Limited (CCT/0043/2024) [2025] LSHC 198 (14 August 2025)

Court

High Court

Case number

CCT/0043/2024

Non-joinder of the Master of the High Court and non-compliance with Rule 75 of the High Court Civil Litigation Rules 2024 are fatal procedural defects, warranting dismissal of the action regardless of the executor's substantive right to sue.

Source excerpt

• Locus standi
• Non-joinder
• Executor powers
• High court civil litigation rules

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Director of Public Prosecutions (Adv. Hlalefang Motinyane V The Prime Minister & 4 Others (CC/0008/2024 (b))

Director of Public Prosecutions (Adv. Hlalefang Motinyane V The Prime Minister & 4 Others (CC/0008/2024 (b)) [2025] LSHC 167 (28 July 2025)

Court

High Court

Case number

CC/0008/2024 (b)

The High Court of Lesotho dismissed a recusal application, holding that the panel-selection issue was res judicata and that no reasonable apprehension of bias was shown.

• Res judicata
• Recusal of judges
• Judicial impartiality
• Res-judicata
• Judicial-recusal
• Judicial-bias

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Ntjelo Petje & 6 Others V P.S Ministry of Forestry and Environment in RE: Moorosi Matela & 12 Others V The Government of Lesotho & 6 Others (CIV/APN/197/2019)

Ntjelo Petje & 6 Others V P.S Ministry of Forestry and Environment in RE: Moorosi Matela & 12 Others V The Government of Lesotho & 6 Others (CIV/APN/197/2019) [2025] LSHC 135 (9 June 2025)

Court

High Court

Case number

CIV/APN/197/2019

The 1st respondent is not guilty of contempt of court in respect of the 2nd to 7th applicants as substantial compliance with the court order was demonstrated, considering delays due to appeal and Covid-19. However, the 1st respondent is in contempt regarding the 1st applicant, as there was no evidence of compliance with the court order in his case.

Source excerpt

• Contempt of court
• Compliance with court orders
• Public service employment
• Reinstatement
• Costs

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Malefetsane Malebo V Tseliso Senekane & Ano. (CCT/0216/2017)

Malefetsane Malebo V Tseliso Senekane & Ano. (CCT/0216/2017) [2025] LSHC 131 (9 June 2025)

Court

High Court

Case number

CCT/0216/2017

The High Court of Lesotho rescinded a default judgment after finding the summons had not been served at the defendant’s residence as required by Rule 4(1)(b).

• Rescission of judgment
• Service of process
• Default judgment
• Rescission-of-judgment
• Service-of-process
• Default-judgment

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Mokoma Insurance Brokers (PTY) LTD V Alliance Insurance Company LTD (CCT/0124/2022)

Mokoma Insurance Brokers (PTY) LTD V Alliance Insurance Company LTD (CCT/0124/2022) [2025] LSHC 118 (30 May 2025)

Court

High Court

Case number

CCT/0124/2022

The High Court held that an unlicensed insurance broker could not enforce a commission claim, nor recover the amount through unjust enrichment.

• Illegality of contract
• Unjust enrichment
• Insurance brokerage regulation
• Statutory interpretation
• Insurance-law
• Contract-illegality

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Sekhobe Lerotholi V Tebello Nkune (CCT/0396/2022)

Sekhobe Lerotholi V Tebello Nkune (CCT/0396/2022) [2025] LSHC 119 (30 May 2025)

Court

High Court

Case number

CCT/0396/2022

The High Court of Lesotho cancelled a sale of an Isuzu engine for latent defects, ordered refund of the price, dismissed the counterclaim, and taxed costs on the Magistrate’s Court scale.

• Sale of goods
• Latent defects
• Voetstoots clause
• Actio redhibitoria
• Jurisdiction and costs
• Sale-of-goods

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Buang Mohau & Ano. V SM Consulting Engineers (CCA/0090/2023)

Buang Mohau & Ano. V SM Consulting Engineers (CCA/0090/2023) [2025] LSHC 120 (30 May 2025)

Court

High Court

Case number

CCA/0090/2023

The rules of natural justice and public law principles do not apply to the termination of private contracts. The applicants freely entered into agreements with a no-fault termination clause, which allowed either party to terminate with one month's notice for any reason. The court cannot alter the contract to declare it a fixed term contract contrary to its express terms.

Source excerpt

• Termination of contract
• Procedural fairness
• No-fault termination
• Fixed term contract
• Interpretation of contract

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Tebello Khoromeng V Lesotho National Development Corporation & Ano. (C of A (CIV) 04/2025)

Tebello Khoromeng V Lesotho National Development Corporation & Ano. (C of A (CIV) 04/2025) [2025] LSCA 4 (8 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 04/2025

The Court of Appeal held that section 62 of the Land Act 1979 did not give the respondent vindicatory rights, but the appellant remained a bona fide possessor entitled to retention and compensation.

• Bona fide possession
• Right of retention (jus retentionis)
• Compensation for improvements
• Statutory deeming provisions
• Procedural safeguards in land allocation
• Vindicatory action

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Executrix of the Estate of the Late Mohapi Jessie (Lebohang Nts'inyi V Mphuto Jessie & 4 Others (C of A (CIV) 67/2024)

Executrix of the Estate of the Late Mohapi Jessie (Lebohang Nts'inyi V Mphuto Jessie & 4 Others (C of A (CIV) 67/2024) [2025] LSCA 27 (8 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 67/2024

The Court of Appeal held that the will could validly create a testamentary trust, the children were ascertainable beneficiaries, and the challenge was premature.

• Testamentary trusts
• Validity of will
• Divorce consent orders
• Appointment of executor
• Intestate succession
• Testamentary-trusts

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Bafani Construction (PTY) Ltd V Road Fund Secretariat & Ano. (C of A (CIV) 85/2024)

Bafani Construction (PTY) Ltd V Road Fund Secretariat & Ano. (C of A (CIV) 85/2024) [2025] LSCA 40 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 85/2024

The High Court correctly held that while the arbitration clause ousted its jurisdiction over the merits, it retained jurisdiction to grant interim interdicts and spoliation orders under section 22 of the Arbitration Act 1980. The Road Fund Secretariat was a universitas personarum with standing to litigate. The appeal was without merit as the appellant obtained the relief it sought.

Source excerpt

• Jurisdiction of high court with arbitration clause
• Interim interdicts
• Spoliation
• Locus standi of statutory bodies
• Specific performance

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