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Lesotho Case Law

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Contract law [2025] LSHC 119

Sekhobe Lerotholi V Tebello Nkune (CCT/0396/2022)

Sekhobe Lerotholi V Tebello Nkune (CCT/0396/2022) [2025] LSHC 119 (30 May 2025)

The High Court of Lesotho cancelled a sale of an Isuzu engine for latent defects, ordered refund of the price, dismissed the counterclaim, and taxed costs on the Magistrate’s Court scale.

  • Sale of goods
  • Latent defects
  • Voetstoots clause
  • Actio redhibitoria
  • Jurisdiction and costs
  • Sale-of-goods
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Civil procedure [2023] LSCA 4

Vishan Clothing Industries v Niminta Fashion (Pty) Ltd (C of A (CIV) 01/2023)

Vishan Clothing Industries v Niminta Fashion (Pty) Ltd (C of A (CIV) 01/2023) [2023] LSCA 4 (17 November 2023)

The Court of Appeal allowed an appeal and granted anti-asset dissipation relief, finding a reasonable apprehension that assets were being moved to defeat judgment.

  • Urgency in applications
  • Mareva injunction
  • Anti-asset dissipation interdict
  • Attachment of assets
  • Costs orders
  • Mareva-injunction
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Arbitration [2023] LSHC 213

Letseng Diamond (PTY) Ltd V The President of the Law Society of Lesotho (CCA 19 of 2022)

Letseng Diamond (PTY) Ltd V The President of the Law Society of Lesotho (CCA 19 of 2022) [2023] LSHC 213 (11 May 2023)

The High Court dismissed an interlocutory bid to file late evidence and upheld the appointment of an arbitrator under a fuel supply contract’s arbitration clause.

  • Interpretation of arbitration clauses
  • Appointment of arbitrator
  • Procedural compliance in arbitration
  • Review of arbitral appointments
  • Arbitration
  • Contract-interpretation
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Contract law [2023] LSHC 10

Palime v Kele (CCT/0249/2021)

Palime v Kele (CCT/0249/2021) [2023] LSHC 10 (27 March 2023)

The absence of jurisdiction is not apparent ex facie the pleadings; the dispute arises from a sale agreement, which is a commercial transaction within the court's jurisdiction. The exception is misguided and must be dismissed.

  • Sale of land
  • Cancellation of contract
  • Jurisdiction
  • Exception procedure
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Contract law [2022] LSCA 44

Sehlabo v Puma Energy Ls (Pty) Ltd (C OF A (CIV) 37/2022)

Sehlabo v Puma Energy Ls (Pty) Ltd (C OF A (CIV) 37/2022) [2022] LSCA 44 (11 November 2022)

The Court of Appeal of Lesotho upheld an interdict restoring access to a filling station after a disruptive takeover attempt by the 1st appellant.

  • Agency vs dealership
  • Interdicts
  • Restoration of status quo
  • Costs on attorney and client scale
  • Agency-law
  • Dealership-agreements
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Contract law [2022] LSHC 116

Puma Energy Lesotho (Pty) Ltd v Sehlabo (CCA/0092/2021)

Puma Energy Lesotho (Pty) Ltd v Sehlabo (CCA/0092/2021) [2022] LSHC 116 (20 September 2022)

The parties entered into and acted upon an oral agency agreement from 1 July 2019, as evidenced by their conduct and the terms implemented. The respondents' denials were not bona fide or supported by positive evidence. The applicants established a clear right to possession, suffered injury by dispossession, and had no adequate alternative remedy. The respondents' resort to self-help was unlawful, justifying the grant of a final interdict restoring possession and restraining further interference.

  • Agency agreement
  • Interdicts
  • Self-help
  • Possession
  • Oral contracts
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Commercial law [2022] LSHC 63

Ovk Bedryf Bpk v Min Zhu Enterprises (Pty) Ltd (CCT/0378/2015)

Ovk Bedryf Bpk v Min Zhu Enterprises (Pty) Ltd (CCT/0378/2015) [2022] LSHC 63 (18 August 2022)

Commercial debt-recovery claim over goods sold and delivered. The court held the defendants bore the burden on their payment defence and granted judgment for the plaintiff.

  • Debt recovery
  • Suretyship
  • Jurisdiction
  • Postponement of proceedings
  • Burden of proof
  • Debt-recovery
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Civil procedure [2022] LSHC 33

Hata Butle (Pty) Ltd v Monethi (CCT/0034/2022)

Hata Butle (Pty) Ltd v Monethi (CCT/0034/2022) [2022] LSHC 33 (1 June 2022)

Applicant established a clear right as landlord to collect rent; 1st respondent failed to show authority to act for applicant; evidence showed 1st respondent demanded rent from tenants, infringing applicant's right; no alternative remedy available. All requirements for a final interdict met. Letters by 1st respondent declared null and void.

  • Interdicts
  • Declaratory orders
  • Landlord and tenant
  • Company administration
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Civil procedure [2022] LSHC 10

Motloli Catering v Lsp/wbho Joint Venture (CCA/0025/2020)

Motloli Catering v Lsp/wbho Joint Venture (CCA/0025/2020) [2022] LSHC 10 (17 March 2022)

The High Court dismissed an urgent commercial application because material disputes of fact made motion proceedings inappropriate. The counter-application also failed.

  • Dispute of facts in motion proceedings
  • Founding or confirming jurisdiction
  • Attachment of property
  • Security for costs
  • Urgent applications
  • Costs orders
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Insolvency [2019] LSHC 4

Liquidators of Thotanyana Mining & Civil Works (Pty) Ltd In Liquidation v Vilakazi (CCA 35 of 16)

Liquidators of Thotanyana Mining & Civil Works (Pty) Ltd In Liquidation v Vilakazi (CCA 35 of 16) [2019] LSHC 4 (14 March 2019)

The Master of the High Court is empowered to make rulings in liquidation matters; the Companies Act 2011 does not provide for provisional liquidators but requires compliance with the Insolvency Proclamation regarding meetings of creditors; hire purchase creditors are secured creditors but must pay sale proceeds to the liquidators; liquidators do not require the Master's permission to seek legal advice.

  • Liquidation
  • Powers of liquidator
  • Role of master of high court
  • Hire purchase in insolvency
  • Secured creditors
  • Declaratory orders
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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.