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Lesotho decisions
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Ts'epong (PTY) LTD V NETCARE Hospitals & 2 Others (C of A (CIV) No. 01/2025) [2025] LSCA 1 (2 May 2025)
The Court of Appeal upheld Tšepong’s appeal, set aside the High Court’s rescission ruling, and remitted the matter for hearing on the merits.
Makhakhe Makhakhe V Thato Masoabi & Ano. (C of A (CIV) 68/2024) [2025] LSCA 28 (2 May 2025)
The Court of Appeal dismissed an appeal against refusal to rescind a default judgment, finding no reasonable excuse for default and no bona fide defence.
Mataeli Makhele-Sekhantso V Attorney General & 2 Others (C of A (CIV) 23/2024) [2025] LSCA 14 (2 May 2025)
The Court of Appeal of Lesotho granted a postponement after counsel died and replacement counsel lacked preparation time, ordering the applicants to pay costs.
Mabakoena Lekhooa V Paseka Lekhooa & 3 Others (C of A (CIV) 21/2024) [2025] LSCA 13 (2 May 2025)
The Court of Appeal dismissed a challenge to a registered lease, holding that fraud was not proved and that a family donation and improvements supported the respondents’ position.
Mafeta Monethi V Chairperson, Benefits Administration Committee & 2 Others (C of A (CIV) 75/2024) [2025] LSCA 33 (2 May 2025)
The Court of Appeal held that the Fund wrongly used a repealed pension formula and had to recalculate benefits using the amended 1/540th rate.
Mofihli Noosi & Ano. V Paul Lesholu & 3 Others (C of A (CIV) 60/2024) [2025] LSCA 25 (2 May 2025)
The Court held that leave to appeal was unnecessary because the High Court acted in original review jurisdiction. The application was struck off the roll.
Minister of Home Affairs & 3 Others V Amberkar Abdul Aziz & 15 Others (C of A (CIV) 02/2025) [2025] LSCA 2 (2 May 2025)
The Court of Appeal held there was no proof the Minister had granted citizenship, but ordered the Minister to decide the long-delayed applications within 60 days.
Mathebe Motseki V National Executive Committee & 2 Others (C of A (CIV) 10/2025) [2025] LSCA 10 (2 May 2025)
The refusal to afford the appellant an oral hearing in the face of serious allegations and permanent expulsion was unreasonable and procedurally unfair. The NEC failed to justify denying the hearing, and the show-cause procedure did not meet the requirements of fairness. The suspension was also invalid as it was made without a quorum. Both the suspension and termination decisions were unlawful and void ab initio.
Source excerpt
Maipato Mahoholi V Kopotso Mahoholi & 4 Others (C of A (CIV) 75/2023) [2025] LSCA 32 (2 May 2025)
The Court of Appeal held that a prior perfected customary donation and regularised lease prevailed over a belated heirship claim, and dismissed the appeal.
Khotso Mphaki V The Learned Magistrate Qacha's Nek Magistrate & 3 Others (C of A (CIV) 45/2024) [2025] LSCA 19 (2 May 2025)
The Court of Appeal postponed a civil appeal to October 2025 after a respondent lacked funds for counsel, with the existing stay of execution left in place.
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