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Lesotho decisions
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Senatsi Senatsi V COMPOL & One (C of A (CIV) 81/2024) [2025] LSCA 38 (2 May 2025)
The Court of Appeal held the Commissioner of Police vicariously liable for a public assault by a police officer in uniform and remitted the case for damages.
JERINAH GOOLAM ESSANEY V ABRAHAM JOSEPH & 6 Others (C of A (CIV) 12/2025) [2025] LSCA 11 (2 May 2025)
The Court of Appeal struck an appeal off the roll after late withdrawal of condonation, and ordered attorney-and-client costs for the wasted time and expense.
Mampolokeng Matela V Democratic Congress & 6 Others. (C of A (CIV) 57/2024) [2025] LSCA 23 (2 May 2025)
The Court of Appeal postponed a civil appeal because the appellant’s condonation application for late filing was served only on the morning of hearing, prejudicing procedural fairness.
Nyefolo Alotsi & Ano V Lesotho National Development Corporation & Ano. (C of A (CIV) 53/2024) [2025] LSCA 21 (2 May 2025)
Court of Appeal dismissed leave to appeal in a spoliation matter, holding the deregistered company lacked standing and the standing issue was not properly appealed.
Kelebone Selemo V Khethisa Molapo & 4 Others (C of A (CIV) 38/2023) [2025] LSCA 17 (2 May 2025)
The appellant failed to comply with the mandatory requirement to file an answer within 14 days under Rule 18(2) of the District Land Court Rules, did not provide a reasonable explanation for his default, and did not disclose a bona fide defence. The requirements for rescission were not met, and the appeal was dismissed.
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Tentenkie Mohapeloa & 2 Others V Makibinyane Mohapeloa (C of A (CIV) 69/2024) [2025] LSCA 29 (2 May 2025)
The Court of Appeal held that a family dispute over land proceeds was not a Land Court matter because the claim sounded in contract or personal obligation.
Molikuoa Sekhonyana & Ano. V Principal Secretary-Ministry of Public Service & 4 Others (C of A (CIV) 70/2024) [2025] LSCA 42 (2 May 2025)
The exclusion of the appellants from regrading to Grade J under Circular No. 7 of 2013 was irrational and arbitrary because they performed equivalent functions to those regraded, and the refusal was based solely on titular differences, contrary to the constitutional requirement of rational, fair, and lawful administrative action.
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Pastor Maphethang Mohanoe V Executive Council of A.F.M of Lesotho & 11 Others (C of A (CIV) 59/2024) [2025] LSCA 24 (2 May 2025)
The appeal had lapsed by operation of rule 5(3) due to failure to file the record within three months; the application for declarator and condonation was fatally misconceived as it did not seek reinstatement of the lapsed appeal; persistent non-compliance with the rules and counsel's negligent conduct justified punitive costs.
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First National Bank of Lesotho LTD V Manthoane Tlaba (C of A (CIV) 06/2025) [2025] LSCA 5 (2 May 2025)
The Court of Appeal struck off a bank’s appeal against refusal of summary judgment, holding the order was interlocutory and required leave to appeal.
Palesa Khotso & Ano. V Letshego Financial Services LTD (CCT/0149/2022) [2025] LSHC 121 (14 April 2025)
The application was an egregious abuse of the urgency procedure as applicants were properly served, aware of proceedings, and the execution process complied with the rules. No urgency or substantive irregularity was established. Applicants failed to meet requirements for interim interdict. Application dismissed with punitive costs.
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