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Lesotho decisions
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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.
Mosele Dibakga V Matokelo Nchela & Ano. [2025] LSCA 18 (2 May 2025)
The High Court erred in awarding compensation based on unproven market value elements (electricity, water, fencing) and not limiting the award to proven construction costs; the correct measure is the lesser of actual expenses incurred or the owner's enrichment, and the possessor bears the onus of proof. Rental income earned by the bona fide possessor is not to be set off against compensation for improvements. Condonation for late appeal is granted due to satisfactory explanation and prospects of success on one ground.
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Executors Estate Late Lebamang James Monapathi v Dust Busters (CCA/0045/2022) [2022] LSHC 64 (18 August 2022)
The applicant proved entitlement to a tacid hypothec as the 1st respondent was in arrears and the movables were on the premises. The 1st respondent's alleged verbal amendment was invalid as it was not with the executor. The 1st respondent breached the sublease by subletting without consent and was unjustly enriched. The new evidence in reply was allowed as it was proof of an allegation in the founding affidavit and the respondent had opportunity to respond.
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Nchela v Dibakga (CIV/T 799 of 18) [2020] LSHC 41 (15 October 2020)
A bona fide possessor was awarded compensation for improvements made to land, and rental income from the flats was not deducted from that compensation.
Ntoane v Bereng (CIV/T 132 of 10) [2018] LSHC 25 (8 May 2018)
The High Court of Lesotho dismissed a tractor-related claim, finding the plaintiff had voluntarily supplied a substitute tractor and was unjustly enriched.
Lu v Pro Motors (Pty) Ltd and Another (CIV/APN 66 of 2012) [2012] LSHC 63 (14 November 2012)
High Court of Lesotho ordered release of a repaired vehicle on payment of labour and reasonable storage charges, rejecting excessive storage demands.
Namboso v Board of Governors Motsekuoa High School (CIV/A 4 of 97) [1998] LSCA 40 (8 May 1998)
No valid contract existed as the required approval by the Principal Secretary for Education was not obtained, but the respondent was unjustly enriched by the appellant's services and is liable to compensate her.
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