Lesotho Case Law

Motseoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (C of A (CIV) 80/2024)

Motseoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (C of A (CIV) 80/2024) [2025] LSCA 37 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 80/2024

The High Court correctly declined jurisdiction because the arbitration clause in the employment contracts was binding and had not been set aside or rendered inoperative under section 4 of the Arbitration Act 1980. The interim relief sought was not in aid of arbitration and thus not permissible under section 22. The costs order against the appellants was inappropriate given their circumstances.

Source excerpt

• Jurisdiction
• Arbitration clauses
• Interim interdicts
• Termination of employment
• Costs orders

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Mosele Dibakga V Matokelo Nchela & Ano.

Mosele Dibakga V Matokelo Nchela & Ano. [2025] LSCA 18 (2 May 2025)

Court

Court of Appeal

The High Court erred in awarding compensation based on unproven market value elements (electricity, water, fencing) and not limiting the award to proven construction costs; the correct measure is the lesser of actual expenses incurred or the owner's enrichment, and the possessor bears the onus of proof. Rental income earned by the bona fide possessor is not to be set off against compensation for improvements. Condonation for late appeal is granted due to satisfactory explanation and prospects of success on one ground.

Source excerpt

• Bona fide possessor
• Compensation for improvements
• Measure of enrichment
• Set-off of rental income
• Court discretion
• Condonation of late appeal

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Monate Catering & 5 Others V Ministry of Health-Tender Panel & 13 Other s (C of A (CIV) 84/2023)

Monate Catering & 5 Others V Ministry of Health-Tender Panel & 13 Other s (C of A (CIV) 84/2023) [2025] LSCA 39 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 84/2023

The Court of Appeal allowed withdrawal of a review application that failed to annex the judgment challenged, finding the papers unintelligible and ordered no costs.

• Review of judgments
• Procedural fairness
• Affidavit requirements
• Costs
• Civil-procedure
• Judicial-review

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Prof. Nqosa Mahao , BAP President & 3 Others V Motlatsi Maqelepo & 3 Others (C of A (CIV) 03/2025)

Prof. Nqosa Mahao , BAP President & 3 Others V Motlatsi Maqelepo & 3 Others (C of A (CIV) 03/2025) [2025] LSCA 3 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 03/2025

The Court of Appeal held that the High Court lacked jurisdiction over constitutional claims in this party-discipline dispute and set aside the interim order.

• Jurisdiction of high court
• Political party internal discipline
• Interim interdicts
• Appealability of orders
• Jurisdiction
• Constitutional-law

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Maseru City Council V SCIG-SMCJ-TIM Joint Venture (C of A (CIV) 66/2024)

Maseru City Council V SCIG-SMCJ-TIM Joint Venture (C of A (CIV) 66/2024) [2025] LSCA 26 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 66/2024

The Court of Appeal held that the High Court could grant interim interdictory relief pending arbitration under the Arbitration Act, despite the arbitration clause.

• Jurisdiction despite arbitration clause
• Interim interdicts
• Guarantee independence
• Fraud exception in guarantees
• Arbitration
• Interim-interdicts

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Jobere Kelane V Director of Public Prosecutions (C of A (CRI) 04/2024)

Jobere Kelane V Director of Public Prosecutions (C of A (CRI) 04/2024) [2025] LSCA 43 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CRI) 04/2024

The grounds of appeal did not challenge the trial court's core findings, and the evidence established the appellant's guilt beyond reasonable doubt. The sentence of 13 years was manifestly lenient given the gravity of the offence, and the appellate court was empowered to enhance the sentence proprio motu after inviting submissions from both parties.

Source excerpt

• Murder
• Extenuating circumstances
• Sentencing
• Appeal procedure
• Restorative justice

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Lepota Natsoane V Rex (C of A (CRI) 05/2023)

Lepota Natsoane V Rex (C of A (CRI) 05/2023) [2025] LSCA 44 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CRI) 05/2023

The Court of Appeal of Lesotho substituted culpable homicide for murder after finding the trial court failed to prove intent to kill beyond reasonable doubt.

• Murder
• Culpable homicide
• Circumstantial evidence
• Mens rea
• Penal code act 2010
• Culpable-homicide

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Sents'o Ramochela V Vodacom Lesotho & One (C of A (CIV) 72/2022)

Sents'o Ramochela V Vodacom Lesotho & One (C of A (CIV) 72/2022) [2025] LSCA 30 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 72/2022

Leave to appeal was refused because the Labour Appeal Court had already granted the relief sought and no reasonable prospects of success were shown.

• Unfair dismissal
• Remittal
• Review of arbitration
• Leave to appeal
• Legal representation authority
• Labour-law

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Tseko Moletsane & Ano. V Standard Lesotho Bank (C of A (CIV) 08/2025)

Tseko Moletsane & Ano. V Standard Lesotho Bank (C of A (CIV) 08/2025) [2025] LSCA 7 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 08/2025

The Court of Appeal upheld the setting aside of a taxation that included costs beyond a Rule 30 interlocutory application and ordered fresh taxation.

• Taxation of costs
• Interlocutory applications
• Judicial review of taxation
• Scope of costs order
• Taxation-of-costs
• Interlocutory-applications

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Mphutlane Kala V The Director of Public Prosecutions (C of A (CRI) 11/2022)

Mphutlane Kala V The Director of Public Prosecutions (C of A (CRI) 11/2022) [2025] LSCA 45 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CRI) 11/2022

The appellant’s act was not in response to an imminent or ongoing threat but was a retaliatory stabbing after the altercation had ended. The facts did not support self-defence, and constructive intent for murder was established. The sentence, though severe, was justified given the circumstances and due consideration of relevant factors.

Source excerpt

• Murder
• Self-defence
• Sentencing
• Constructive intent

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