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Lesotho Case Law

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Delict [2024] LSHC 273

Mathuso Kao-Liphoto V Senohe Monokoane (CIV/APN/405/2015)

Mathuso Kao-Liphoto V Senohe Monokoane (CIV/APN/405/2015) [2024] LSHC 273 (7 August 2024)

High Court of Lesotho motor-vehicle collision case on liability and damages. The court found the defendant negligent and assessed damages using purchase price less depreciation.

  • Negligence
  • Damages
  • Assessment of damages
  • Motor vehicle collision
  • Motor-vehicle-accident
  • Assessment-of-damages
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Tort [2024] LSHC 57

Lehlohonolo Masienyane V Maluti Mountain Brewery & Ano. (CIV/T/594/2013)

Lehlohonolo Masienyane V Maluti Mountain Brewery & Ano. (CIV/T/594/2013) [2024] LSHC 57 (8 May 2024)

Plaintiffs are only entitled to damages for repair of the damaged parts of the house and movables, not for a new house, rental, or emotional distress, as there was no evidence of value before and after, no proof of rental expenses, and no psychiatric evidence of emotional injury. The appropriate compensation is M300,000.00 with interest at 7.75%.

  • Property damage
  • Assessment of damages
  • Interest rates
  • Emotional distress
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Tort [2020] LSHC 51

Mohlakola v Shoprite Supermarket (Pty) Ltd (CIV/T 238 of 10)

Mohlakola v Shoprite Supermarket (Pty) Ltd (CIV/T 238 of 10) [2020] LSHC 51 (9 September 2020)

The High Court of Lesotho found the plaintiff credible, held that security personnel assaulted him, and awarded general and special damages plus costs.

  • Assault
  • Damages
  • Liability of employer for employees
  • Tort
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Tort [2020] LSHC 9

Letebele v Lesotho National Development Corporation (CIV/T 512 of 13)

Letebele v Lesotho National Development Corporation (CIV/T 512 of 13) [2020] LSHC 9 (27 May 2020)

The High Court held LNDC liable for injuries caused by inadequate staircase lighting and rejected contributory negligence, awarding damages to the plaintiff.

  • Negligence
  • Omission
  • Duty of care
  • Contributory negligence
  • Premises liability
  • Damages
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Tort [2019] LSHC 56

Ntabe v Matete (CIV/T 458 of 10)

Ntabe v Matete (CIV/T 458 of 10) [2019] LSHC 56 (14 November 2019)

The defendants, particularly the 2nd defendant, were negligent in overtaking at a T-junction where prohibited, causing the collision. Plaintiff proved damages for repairs and loss of profit with credible evidence. Defendants failed to prove contributory negligence or impeach plaintiff's claims. Quantum of damages and interest awarded as claimed, except interest rate reduced to 6%.

  • Motor vehicle accident
  • Loss of profit
  • Quantum of damages
  • Interest
  • Pleadings
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Tort [2017] LSHC 38

Makhaba v The Commissioner of Police (CIV/T 319 of 11)

Makhaba v The Commissioner of Police (CIV/T 319 of 11) [2017] LSHC 38 (14 November 2017)

The High Court of Lesotho held that the plaintiff’s arrest and detention were unlawful and that he was assaulted in custody, awarding M50,000 in damages.

  • Unlawful arrest
  • Detention
  • Assault
  • Damages
  • Dignity
  • Unlawful-arrest
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Civil procedure [2015] LSHC 5

Lebabo v Pep Stores (Pty) Ltd and Another (CIV/T 201 of 4)

Lebabo v Pep Stores (Pty) Ltd and Another (CIV/T 201 of 4) [2015] LSHC 5 (26 February 2015)

The High Court of Lesotho dealt with joinder of a second defendant after pleadings closed, stressing proper service and authority to act before final determination.

  • Joinder of parties
  • Negligence
  • Mandate of advocate
  • Service of process
  • Civil-procedure
  • Joinder-of-parties
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Tort [2015] LSHC 24

Sehlabi v Molemohi (CIV/T 518 of 2007)

Sehlabi v Molemohi (CIV/T 518 of 2007) [2015] LSHC 24 (5 February 2015)

High Court case on a motor vehicle collision where the defendant was found negligent for driving on the wrong lane and was ordered to pay damages.

  • Motor vehicle collision
  • Negligence
  • Damages
  • Onus of proof
  • Res ipsa loquitur
  • Motor-vehicle-collision
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Tort [2014] LSCA 45

Lesetla v Commissioner of Police and Another (C of A (CIV) 31 of 2014)

Lesetla v Commissioner of Police and Another (C of A (CIV) 31 of 2014) [2014] LSCA 45 (24 October 2014)

The Court of Appeal set aside absolution from the instance and awarded the appellant M45,000 for unlawful search, arrest, detention, assault, and medical expenses.

  • Unlawful arrest
  • Unlawful detention
  • Unlawful search
  • Police brutality
  • Damages
  • Unlawful-arrest
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Tort [2014] LSHC 87

Tsiu v Nthane Brothers (Pty) Ltd (CIV/T 310 of 2010)

Tsiu v Nthane Brothers (Pty) Ltd (CIV/T 310 of 2010) [2014] LSHC 87 (19 August 2014)

The High Court of Lesotho dismissed an application for absolution from the instance, finding the plaintiff had made a prima facie case for damages after a vehicle collision.

  • Damages
  • Negligence
  • Absolution from the instance
  • Absolution-from-the-instance
  • Civil-procedure
  • Vehicle-collision
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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.