Tseko Moletsane & Another. V Standard Bank Lesotho (C of A (CIV) No.50/2025) [2025] LSCA 65 (7 November 2025)

Tseko Moletsane & Another. V Standard Bank Lesotho (C of A (CIV) No.50/2025) [2025] LSCA 65 (7 November 2025)

The dismissal of an exception is interlocutory and not appealable without leave because it does not finally determine the rights of the parties or dispose of the main dispute. The facts are not common cause and require trial. The appeal was therefore struck off the roll.

Citation
[2025] LSCA 65
Parties
Appellant: Tseko Gilbert Moletsane; Appellant: Teboho Nephtally Mokotso; Respondent: Standard Lesotho Bank
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
7 November 2025
Case Number
C of A (CIV) No.50/2025
Procedural Posture
Civil Appeal / Appeal Against Dismissal of Exception
Outcome
appeal struck off the roll with costs
Legal Topics
Exception, Appealability, Interlocutory Orders, Fraud in Pleadings
Source Language
English
Civil Procedure Exception Appealability Interlocutory Orders Fraud in Pleadings

Case Brief

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Parties

Tseko Gilbert Moletsane

Appellant

Teboho Nephtally Mokotso

Appellant

Standard Lesotho Bank

Respondent

Procedural Posture

Civil Appeal / Appeal Against Dismissal of Exception

Legal Issues

  1. 1 Whether an order dismissing an exception is appealable without leave under section 16(1)(b) of the Court of Appeal Act 1978
  2. 2 Whether the exception disposed of the substantive dispute or was interlocutory in nature

Ratio Decidendi

The dismissal of an exception is interlocutory and not appealable without leave because it does not finally determine the rights of the parties or dispose of the main dispute. The facts are not common cause and require trial. The appeal was therefore struck off the roll.

Court Disposition

appeal struck off the roll with costs

Orders

  • Appeal is struck off the roll
  • Costs will follow the event