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Lesotho Case Law

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Constitutional law [2025] LSCA 72

Thabelang Moeketsi & 2 Others V Lesotho General Insurance Co. Ltd (C of A (CIV) 48/2025)

Thabelang Moeketsi & 2 Others V Lesotho General Insurance Co. Ltd (C of A (CIV) 48/2025) [2025] LSCA 72 (7 November 2025)

The Court of Appeal held the appellants lacked locus standi to challenge section 8 of the Motor Vehicle Insurance Order 1989, so the appeal was dismissed.

  • Locus standi
  • Motor vehicle insurance
  • Discrimination
  • Limitation of liability
  • Locus-standi
  • Constitutional-challenge
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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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Insurance law [2025] LSHC 67

Nkopane Mohlomi V Lesotho National Insurance Company (CIV/T/634/2018)

Nkopane Mohlomi V Lesotho National Insurance Company (CIV/T/634/2018) [2025] LSHC 67 (21 February 2025)

The plaintiff’s claim, being statutorily limited to M 12,000.00 under section 8(1) of the Motor Vehicle Insurance Order, 1989, falls within the jurisdiction of the Magistrates’ Court. The High Court’s jurisdiction is ousted unless leave is granted, which was not sought or obtained. The special plea on jurisdiction is upheld.

  • Jurisdiction
  • Motor vehicle insurance
  • Damages
  • Special plea
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Delict [2024] LSHC 254

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)

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.

  • Negligence
  • Loss of support
  • Motor vehicle accidents
  • Apportionment of damages
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Civil procedure [2024] LSHC 117

Lipholo Moholobela V Lesotho National General Insurance CO, LTD (CIV/T/62/2019)

Lipholo Moholobela V Lesotho National General Insurance CO, LTD (CIV/T/62/2019) [2024] LSHC 117 (15 July 2024)

The High Court of Lesotho granted an inspection in loco in a motor-vehicle compensation claim to resolve conflicting evidence about the road’s condition at impact.

  • Inspection in loco
  • Motor vehicle accident compensation
  • Judicial discretion
  • Inspection-in-loco
  • Civil-procedure
  • Motor-vehicle-accident-compensation
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Delict [2024] LSHC 43

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)

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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Tort law [2023] LSHC 157

Mpho Masoka V Lesotho National General Insurance Co. Ltd (CIV/T/516/2019)

Mpho Masoka V Lesotho National General Insurance Co. Ltd (CIV/T/516/2019) [2023] LSHC 157 (23 September 2023)

High Court motor vehicle negligence case finding both drivers equally at fault and awarding the plaintiff 50% of proven damages.

  • Negligence
  • Motor vehicle accident
  • Damages
  • Contributory negligence
  • Apportionment of fault
  • Contributory-negligence
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Delict [2023] LSHC 144

Thahe V Lesotho National General Insurance Company Limited (CIV/APN/424/2020)

Thahe V Lesotho National General Insurance Company Limited (CIV/APN/424/2020) [2023] LSHC 144 (14 September 2023)

The insured driver was solely negligent for the accident, having failed to exercise due care and skill in a built-up area with known pedestrian activity. The plaintiff did not contribute to the accident. The claim for loss of earnings failed for lack of proof, but general damages for pain, suffering, and loss of amenities of life were awarded, less the amount already received from the insured driver.

  • Negligence
  • Motor vehicle accident
  • Damages
  • Contributory negligence
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Insurance law [2022] LSCA 59

Lesotho National General Insurance Company Ltd v Rhythm & Stealth (Pty) Ltd (C of A (CIV) 19/2022)

Lesotho National General Insurance Company Ltd v Rhythm & Stealth (Pty) Ltd (C of A (CIV) 19/2022) [2022] LSCA 59 (11 November 2022)

The Court of Appeal of Lesotho ordered release of a detained vehicle against security, holding the High Court should have exercised its discretion.

  • Right of retention
  • Security for costs
  • Release of detained property
  • Locus standi
  • Without prejudice communications
  • Security-for-costs
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Insurance law [2022] LSHC 35

Borotho v Sesiu (CIV/T/472/2018)

Borotho v Sesiu (CIV/T/472/2018) [2022] LSHC 35 (17 June 2022)

The plaintiff proved the damages and entitlement to the claimed amount through documentary and oral evidence. Subrogation by the insurer did not need to be pleaded. The court granted judgment as prayed with costs.

  • Motor vehicle accident
  • Subrogation
  • Default judgment
  • Proof of loss
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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.