Lesotho Case Law

Abel Bushman V Attorney General (C of A (CIV) 47/2020)

Abel Bushman V Attorney General (C of A (CIV) 47/2020) [2025] LSCA 71 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) 47/2020

The trial court materially misdirected itself by under-appreciating the medical gravity of the appellant’s injuries and the aggravating circumstance of assault by State agents; the award was manifestly low and a global award of M200,000 for non-patrimonial loss and M5,000 for special damages is just and appropriate.

Source excerpt

• Police assault
• Quantum of damages
• Special damages
• Medical evidence
• Constitutional/dignitary harm
• Interest a tempore morae

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Senatsi Senatsi V COMPOL & One (C of A (CIV) 81/2024)

Senatsi Senatsi V COMPOL & One (C of A (CIV) 81/2024) [2025] LSCA 38 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 81/2024

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.

• Police misconduct
• Absolution from the instance
• Scope of employment
• Deviation cases
• Vicarious-liability
• Police-misconduct

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Manthatisi Qhaau V COMPOL (CIV/T/458/2016)

Manthatisi Qhaau V COMPOL (CIV/T/458/2016) [2025] LSHC 47 (3 March 2025)

Court

High Court

Case number

CIV/T/458/2016

The 1st Plaintiff was unlawfully arrested and detained for two days without charge, with no credible justification from the police. Her claims for assault, contumelia, and loss of support failed due to lack of evidence. The 2nd Plaintiff, having incurred burial expenses, was entitled to reimbursement as his evidence was unchallenged. Joinder of the 2nd Plaintiff was necessary for convenience and to avoid multiplicity of actions.

Source excerpt

• Unlawful arrest and detention
• Damages for loss of support
• Burial expenses
• Joinder of parties

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Khetsi Khetsi V 'Mabatho Tlali-tlali & Ano. (CIV/T/702/2018)

Khetsi Khetsi V 'Mabatho Tlali-tlali & Ano. (CIV/T/702/2018) [2025] LSHC 51 (28 February 2025)

Court

High Court

Case number

CIV/T/702/2018

The High Court of Lesotho dismissed an application for absolution from the instance after finding the plaintiff had adduced enough evidence to make a prima facie case.

• Absolution from the instance
• Actio de pauperie
• Damages for animal attack
• Evidentiary burden
• Absolution-from-the-instance
• Actio-de-pauperie

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Maputsoane Mokoma V Lesotho National General Insurance CO. LTD (CIV/T/239/2017)

Maputsoane Mokoma V Lesotho National General Insurance CO. LTD (CIV/T/239/2017) [2024] LSHC 254 (11 November 2024)

Court

High Court

Case number

CIV/T/239/2017

The insured driver failed to keep a proper lookout and did not exercise reasonable care, making him negligent and liable for the accident. The Apportionment of Damages Order does not apply to claims by the deceased’s estate, so the plaintiff is entitled to 100 percent of the agreed damages.

Source excerpt

• Negligence
• Loss of support
• Motor vehicle accidents
• Apportionment of damages

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Naha Mahao V Lekhooa Moepi & 5 Others (C of A (CIV) No 52/2024)

Naha Mahao V Lekhooa Moepi & 5 Others (C of A (CIV) No 52/2024) [2024] LSCA 38 (1 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 52/2024

The Court of Appeal held that prescription could not be decided without evidence on disputed facts about alleged interruption during settlement talks.

• Prescription
• Special plea
• Interruption of prescription
• Damages for assault and torture
• Special-plea
• Interruption-of-prescription

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Lehlohonolo Masienyane & Ano. V Maluti Mountain Brewery & Ano. (C of A (CIV) No 27/2024)

Lehlohonolo Masienyane & Ano. V Maluti Mountain Brewery & Ano. (C of A (CIV) No 27/2024) [2024] LSCA 24 (1 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 27/2024

The house was repairable and not a total loss; damages must be based on repair costs, not replacement. Emotional distress and inconvenience are not compensable under actio legis Aquiliae without psychiatric evidence. The High Court's estimate of M300,000.00 for damages was reasonable given the evidence and delay, and no material error or misdirection was found.

Source excerpt

• Actio legis aquiliae
• Quantum of damages
• Property damage
• Emotional distress
• Delay in litigation

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Mathuso Kao-Liphoto V Senohe Monokoane (CIV/APN/405/2015)

Mathuso Kao-Liphoto V Senohe Monokoane (CIV/APN/405/2015) [2024] LSHC 273 (7 August 2024)

Court

High Court

Case number

CIV/APN/405/2015

High Court of Lesotho motor-vehicle collision case on liability and damages. The court found the defendant negligent and assessed damages using purchase price less depreciation.

• Negligence
• Damages
• Assessment of damages
• Motor vehicle collision
• Motor-vehicle-accident
• Assessment-of-damages

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Maieane Khaketla V COMPOL (CIV/T/0114/2017)

Maieane Khaketla V COMPOL (CIV/T/0114/2017) [2024] LSHC 133 (10 July 2024)

Court

High Court

Case number

CIV/T/0114/2017

The plaintiff’s arrest was lawful as he committed contempt of court in the presence of police, justifying arrest without a warrant under section 24(a) of the Criminal Procedure and Evidence Act. The manner of arrest was not wrongful as the plaintiff refused to comply voluntarily. The subsequent detention was also lawful, and the claims for damages and contumelia fail for lack of wrongfulness.

Source excerpt

• Unlawful arrest
• Detention
• Contempt of court
• Damages
• Police powers

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Moshoeshoe v Lesotho National General Insurance Company Ltd (CIV/T/0172/2016)

Moshoeshoe v Lesotho National General Insurance Company Ltd (CIV/T/0172/2016) [2024] LSHC 43 (8 May 2024)

Court

High Court

Case number

CIV/T/0172/2016

The court found the insured driver negligent in a motor collision and awarded the plaintiff past medical expenses and general damages, but rejected future losses and earning claims.

• Negligence
• Damages
• Motor vehicle accidents
• Contributory negligence
• Assessment of damages
• Delict

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