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Lesotho Case Law

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Tort law [2025] LSCA 34

Teboho Modia V COMPOL (C of A (CIV) 76/2024)

Teboho Modia V COMPOL (C of A (CIV) 76/2024) [2025] LSCA 34 (2 May 2025)

The Court of Appeal held that a prescription plea in a malicious arrest claim could not be decided without oral evidence and remitted the matter to the High Court.

  • Malicious arrest
  • Prescription
  • Damages
  • Remittal
  • Judicial caution in language
  • Malicious-arrest
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Tort law [2023] LSHC 258

Mahapela Mohale V COMPOL (CIV/T/134/2021)

Mahapela Mohale V COMPOL (CIV/T/134/2021) [2023] LSHC 258 (3 October 2023)

The High Court of Lesotho awarded M30,000 for pain and suffering after police assault, reducing a M500,000 claim because the evidence on injury and impact was limited.

  • Police brutality
  • Damages assessment
  • Pain and suffering
  • Quantum of damages
  • Police-brutality
  • Damages-assessment
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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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Tort law [2023] LSHC 203

Tumelo Machachamise V Sechaba Sello & 2 Others (CIV/T/605/2020)

Tumelo Machachamise V Sechaba Sello & 2 Others (CIV/T/605/2020) [2023] LSHC 203 (25 August 2023)

High Court ruling dismissing absolution from the instance in a vehicle-damage claim after a multi-crash accident, finding enough evidence to proceed.

  • Negligence
  • Vicarious liability
  • Damages
  • Absolution from the instance
  • Absolution-from-the-instance
  • Civil-procedure
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Delict [2023] LSHC 7

Malataliana v Compol (CIV/T/703/2019)

Malataliana v Compol (CIV/T/703/2019) [2023] LSHC 7 (10 February 2023)

The High Court of Lesotho found police assaulted the plaintiff in detention and awarded damages for pain, contumelia, and medical expenses, but dismissed unlawful detention.

  • Assault by police
  • Damages
  • Pain and suffering
  • Contumelia
  • Unlawful detention
  • Police-assault
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Tort law [2023] LSHC 5

Issacs v Compol (CIV/T/293/2014)

Issacs v Compol (CIV/T/293/2014) [2023] LSHC 5 (7 February 2023)

The High Court of Lesotho found for the plaintiff, holding that police failed to justify his arrest and detention and awarding damages for assault and related harm.

  • Assault by police
  • Unlawful arrest
  • Unlawful detention
  • Damages
  • Contumelia
  • Personal integrity
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Tort law [2022] LSHC 31

Mokhosi v Ministry of Health (CIV/T/279/2019)

Mokhosi v Ministry of Health (CIV/T/279/2019) [2022] LSHC 31 (28 April 2022)

The High Court of Lesotho found the defendants liable for injuries to a minor in state care and awarded provisional damages pending expert assessment.

  • Delictual liability
  • Damages assessment
  • Best interests of the child
  • Medical negligence
  • Delictual-liability
  • Damages-assessment
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Tort law [2021] LSCA 23

Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020)

Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020) [2021] LSCA 23 (14 May 2021)

The High Court’s award was wrong in principle as it was excessive and not consistent with the Roman Dutch law approach, which does not allow punitive damages in delictual claims. The appellate court substituted a global award of M250,000 for pain, shock, suffering, contumelia, and medical expenses, with interest, reflecting both the seriousness of the violation and the need for consistency in awards.

  • Damages for assault
  • Police brutality
  • Contumelia
  • Pain and suffering
  • Quantum of damages
  • Constitutional rights
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Tort law [2020] LSHC 48

Letsie v Commissioner of Police (CIV/T 574 of 23)

Letsie v Commissioner of Police (CIV/T 574 of 23) [2020] LSHC 48 (16 November 2020)

The High Court of Lesotho dismissed a correctional officer’s vicarious liability claim arising from assault during an unlawful prison strike.

  • Vicarious liability
  • Assault
  • Unlawful strike
  • Damages
  • Vicarious-liability
  • Unlawful-strike
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Civil procedure [2020] LSCA 39

Mafereka v Commissioner of Police (C of A (CIV) 56 of 2019)

Mafereka v Commissioner of Police (C of A (CIV) 56 of 2019) [2020] LSCA 39 (30 October 2020)

The special plea of prescription was wrongly upheld because the appellant's claim was not based on acts performed 'in pursuance of' the Police Act but rather 'in the course and scope of employment,' and the continuing wrongful detention of the vehicle meant the cause of action only arose upon its release in 2012. The respondents failed to prove the acts were in pursuance of the Act, and thus the limitation period did not apply.

  • Prescription
  • Limitation of actions
  • Vicarious liability
  • Statutory interpretation
  • Damages against police
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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.