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Lesotho Case Law

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Civil procedure [2025] LSCA 51

James Rashid Rajah V Resident Magistrate Banyane & 3 Others (C of A (CIV) No 22/2018)

James Rashid Rajah V Resident Magistrate Banyane & 3 Others (C of A (CIV) No 22/2018) [2025] LSCA 51 (7 November 2025)

The Court of Appeal struck out an appeal for want of prosecution after the appellant and counsel repeatedly failed to appear despite notice and prior indulgence.

  • Want of prosecution
  • Striking off appeal
  • Court's inherent jurisdiction
  • Procedural fairness
  • Want-of-prosecution
  • Striking-off-appeal
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Civil procedure [2025] LSCA 65

Tseko Moletsane & Another. V Standard Bank Lesotho (C of A (CIV) No.50/2025)

Tseko Moletsane & Another. V Standard Bank Lesotho (C of A (CIV) No.50/2025) [2025] LSCA 65 (7 November 2025)

The Court of Appeal held that dismissal of an exception is interlocutory and not appealable without leave, so the appeal was struck off with costs.

  • Exception
  • Appealability
  • Interlocutory orders
  • Fraud in pleadings
  • Civil-procedure
  • Interlocutory-orders
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Family law [2025] LSCA 64

Mamorero Mpobole V Tahleho Mpobole & 5 Others (C of A (CIV) No.40/2025)

Mamorero Mpobole V Tahleho Mpobole & 5 Others (C of A (CIV) No.40/2025) [2025] LSCA 64 (7 November 2025)

Court of Appeal of Lesotho struck off a custody appeal by consent, citing a defective record, confused grounds of appeal, and persistent procedural sloppiness.

  • Child custody
  • Best interests of the child
  • Procedural irregularities
  • Appeals
  • Role of lawyers
  • Child-custody
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Civil procedure [2025] LSCA 69

Eminence Electro Mechanical & Construction (PTY) LTD V Mafeteng District Council & 2 Others (C of A (CIV) 45/2025)

Eminence Electro Mechanical & Construction (PTY) LTD V Mafeteng District Council & 2 Others (C of A (CIV) 45/2025) [2025] LSCA 69 (7 November 2025)

The Court of Appeal held that a ruling striking an urgent application off the roll for lack of urgency was interlocutory, so leave to appeal was required. The appeal was struck off the roll.

  • Interlocutory orders
  • Leave to appeal
  • Jurisdiction
  • Urgency
  • Interlocutory-orders
  • Leave-to-appeal
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Civil procedure [2025] LSCA 68

First National Bank of Lesotho VBokang Mohajane & Ano. (C of A (CIV) No.67.2022)

First National Bank of Lesotho VBokang Mohajane & Ano. (C of A (CIV) No.67.2022) [2025] LSCA 68 (7 November 2025)

The Court of Appeal held that an appeal lapsed automatically under Rule 5(3) after no record was lodged within time and no extension was obtained.

  • Failure to prosecute appeal
  • Lapse of appeal
  • Court jurisdiction
  • Procedural rules
  • Appellate-procedure
  • Failure-to-prosecute
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Administrative law [2025] LSCA 52

Teboho Liau V Minister of Defence and National Security & 3 Others (C of A (CIV) 22/2025)

Teboho Liau V Minister of Defence and National Security & 3 Others (C of A (CIV) 22/2025) [2025] LSCA 52 (7 November 2025)

The Court of Appeal granted condonation for a late review, held the matter was not res judicata, and set aside punitive costs against the appellant.

  • Condonation
  • Res judicata
  • Judicial review
  • Costs
  • Res-judicata
  • Judicial-review
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Constitutional law [2025] LSCA 70

Litsietsi Tlelase & Ano. V The Commissioner of Police & 5 Others (C of A (CIV) 46/2025)

Litsietsi Tlelase & Ano. V The Commissioner of Police & 5 Others (C of A (CIV) 46/2025) [2025] LSCA 70 (7 November 2025)

The Court of Appeal held that indigency and State inaction justified extending time to sue the police over a death in custody.

  • Limitation of actions
  • Condonation
  • Death in police custody
  • Damages against police
  • Extension of time
  • Limitation-of-actions
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Civil procedure [2025] LSCA 47

Mamphuto Jessie V Executrix Estate Mohapi Jessie & 2 Others (C of A (CIV/REV) No 02/2025)

Mamphuto Jessie V Executrix Estate Mohapi Jessie & 2 Others (C of A (CIV/REV) No 02/2025) [2025] LSCA 47 (7 November 2025)

The Court of Appeal dismissed a review of its own earlier judgment, holding that review is exceptional and cannot be used to reopen issues not previously decided.

  • Review of judgments
  • Freedom of testation
  • Trust inter vivos vs mortis causa
  • Finality of litigation
  • Costs in estate
  • Review-of-judgments
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Constitutional law [2025] LSCA 50

Realeboha Nkuatsana & Ano. V Minister of Justice, Law and Parliamentary Affairs & 2 Others (C of A (CIV) No 19/2025)

Realeboha Nkuatsana & Ano. V Minister of Justice, Law and Parliamentary Affairs & 2 Others (C of A (CIV) No 19/2025) [2025] LSCA 50 (7 November 2025)

The High Court lacked jurisdiction to entertain the application under its ordinary civil jurisdiction because the claim was a constitutional complaint requiring compliance with section 22 of the Constitution and the Constitutional Litigation Rules. The proceedings were a nullity and must commence de novo before the Constitutional Division of the High Court.

  • Jurisdiction
  • Enforcement of fundamental rights
  • Procedure under section 22 of the constitution
  • Constitutional litigation rules
  • Bifurcation of proceedings
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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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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.