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Lesotho Case Law

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Administrative law [2025] LSCA 60

Napo Seema V Director-National Manpower Development Secretariat & 5 Others (CV of A (CIV) No.33/2025)

Napo Seema V Director-National Manpower Development Secretariat & 5 Others (CV of A (CIV) No.33/2025) [2025] LSCA 60 (7 November 2025)

Withdrawal from study leave and resumption of duty by the appellant negated the essential condition for sponsorship and constituted good cause for NMDS to revoke the Loan Bursary Agreement. The regulatory framework requires study leave as a prerequisite for state sponsorship, and its termination extinguishes the basis for continued funding.

  • Study leave
  • Loan bursary agreement
  • Termination of sponsorship
  • Public officer obligations
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Public service law [2025] LSCA 49

Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025)

Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025) [2025] LSCA 49 (7 November 2025)

Lesotho Court of Appeal held that recalling a consul general for lack of exequatur was unlawful, and awarded compensation for the unexpired term.

  • Diplomatic appointments
  • Termination of employment
  • Legitimate expectation
  • Procedural fairness
  • Vienna convention on consular relations
  • Exequatur
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Administrative law [2025] LSCA 48

Hlomohang Morokole & 4 Others V The Principal Secretary , Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 15/2025)

Hlomohang Morokole & 4 Others V The Principal Secretary , Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 15/2025) [2025] LSCA 48 (7 November 2025)

The Court of Appeal held that prescription was not properly raised, the salary-conversion exclusion was not shown to be contractual, and the High Court ignored key review grounds.

  • Judicial review
  • Prescription
  • Incorporation of contractual terms
  • Diplomatic service
  • Unequal treatment
  • Executive policy reviewability
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Civil procedure [2025] LSHC 245

Road Fund Secretariat V Bafani Construction (PTY) LTD & 3 Others (CCA/0048/2024)

Road Fund Secretariat V Bafani Construction (PTY) LTD & 3 Others (CCA/0048/2024) [2025] LSHC 245 (18 September 2025)

The 1st respondent is in contempt of court for wilfully and unreasonably failing to refer the dispute to arbitration as ordered, and its excuses of poverty and procedural delay are not bona fide. Punitive measures cannot be imposed on unnamed and uncited directors due to lack of joinder and procedural fairness.

  • Contempt of court
  • Arbitration
  • Company liability
  • Procedural fairness
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Contract law [2025] LSHC 199

Sehloho Lethetsa v Lipuo Sekasha & Ano. (CCT/0262/2016)

Sehloho Lethetsa v Lipuo Sekasha & Ano. (CCT/0262/2016) [2025] LSHC 199 (14 August 2025)

The Plaintiff was not in breach as the payment schedule was disrupted by the Defendant's delay in evicting occupants, and no new payment schedule was agreed. The Defendant did not place the Plaintiff in mora by demand, so no breach occurred. The Defendant's refusal to accept payment and unilateral demand for interest constituted breach. The contract was enforceable as the property was ascertainable. Specific performance was the appropriate remedy.

  • Specific performance
  • Breach of contract
  • Sale of immovable property
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Contract law [2025] LSHC 196

Pitso Pitso V Principal Secretary- Ministry of Public Works & 3 Others (CCA/0125/2020)

Pitso Pitso V Principal Secretary- Ministry of Public Works & 3 Others (CCA/0125/2020) [2025] LSHC 196 (14 August 2025)

The contract was one of independent contractor, not employment. The applicant was entitled to payment for work done, and the respondents' reliance on Public Service Commission procedures was misplaced. The applicant is entitled to contractual damages for breach of contract.

  • Independent contractor vs employee
  • Breach of contract
  • Damages
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Contract law [2025] LSHC 118

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)

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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Contract law [2025] LSHC 119

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

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

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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Contract law [2025] LSHC 120

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)

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.

  • Termination of contract
  • Procedural fairness
  • No-fault termination
  • Fixed term contract
  • Interpretation of contract
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Contract law [2025] LSCA 40

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)

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.

  • Jurisdiction of high court with arbitration clause
  • Interim interdicts
  • Spoliation
  • Locus standi of statutory bodies
  • Specific performance
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.