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Lesotho Case Law

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Delict [2025] LSCA 38

Senatsi Senatsi V COMPOL & One (C of A (CIV) 81/2024)

Senatsi Senatsi V COMPOL & One (C of A (CIV) 81/2024) [2025] LSCA 38 (2 May 2025)

The Court of Appeal held the Commissioner of Police vicariously liable for a public assault by a police officer in uniform and remitted the case for damages.

  • Police misconduct
  • Absolution from the instance
  • Scope of employment
  • Deviation cases
  • Vicarious-liability
  • Police-misconduct
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Delict [2025] LSHC 51

Khetsi Khetsi V 'Mabatho Tlali-tlali & Ano. (CIV/T/702/2018)

Khetsi Khetsi V 'Mabatho Tlali-tlali & Ano. (CIV/T/702/2018) [2025] LSHC 51 (28 February 2025)

The High Court of Lesotho dismissed an application for absolution from the instance after finding the plaintiff had adduced enough evidence to make a prima facie case.

  • Absolution from the instance
  • Actio de pauperie
  • Damages for animal attack
  • Evidentiary burden
  • Absolution-from-the-instance
  • Actio-de-pauperie
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Contract law [2024] LSHC 50

Maluti Community Development Forum & 7 Others V Lets'eng Diamond Mine (Pty) Ltd (CIV/T/576/2017)

Maluti Community Development Forum & 7 Others V Lets'eng Diamond Mine (Pty) Ltd (CIV/T/576/2017) [2024] LSHC 50 (8 May 2024)

The High Court of Lesotho held that no enforceable agreement existed for monthly remuneration of emergency responders and granted absolution from the instance with costs.

  • Existence of contract
  • Enforceability of oral agreements
  • Remuneration as essential term
  • Absolution from the instance
  • Contract-law
  • Employment-law
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Land law [2024] LSCA 10

Morapeli Borotho v Lebohang Sethathi & 4 Others (C OF A (CIV) 26/2023)

Morapeli Borotho v Lebohang Sethathi & 4 Others (C OF A (CIV) 26/2023) [2024] LSCA 10 (3 May 2024)

The Court of Appeal set aside absolution from the instance and ordered eviction, holding the appellant’s lease remained enforceable and the respondent had proved no right to stay.

  • Eviction
  • Cancellation of lease
  • Counterclaim
  • Burden of proof
  • Absolution from the instance
  • Cancellation-of-lease
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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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Civil procedure [2022] LSCA 45

Khechane v Semonkong Urban Council (C of A (CIV) 36/2022)

Khechane v Semonkong Urban Council (C of A (CIV) 36/2022) [2022] LSCA 45 (11 November 2022)

The Court of Appeal struck out an appeal for lack of leave, holding that section 17 of the Court of Appeal Act is peremptory and a non-compliant appeal is a nullity.

  • Leave to appeal
  • Interdict
  • Onus of proof
  • Absolution from the instance
  • Leave-to-appeal
  • Incompetent-appeal
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Civil procedure [2020] LSCA 1

Liboti v Liboti (C of A (CIV) 66 of 2019)

Liboti v Liboti (C of A (CIV) 66 of 2019) [2020] LSCA 1 (29 May 2020)

The Court of Appeal held that the High Court granted relief not sought and without evidence, and ordered absolution from the instance with costs.

  • Absolution from the instance
  • Division of joint estate
  • Orders not sought by parties
  • Absolution-from-the-instance
  • Relief-not-sought
  • Division-of-joint-estate
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Civil procedure [2019] LSHC 6

Hata-Butle (Pty) Ltd v Felix Petroleum (PTY)Ltd (CIV/A 18 of 2017)

Hata-Butle (Pty) Ltd v Felix Petroleum (PTY)Ltd (CIV/A 18 of 2017) [2019] LSHC 6 (25 March 2019)

The High Court upheld absolution from the instance in an ejectment matter, holding that the plaintiff failed to prove ownership of the property.

  • Absolution from the instance
  • Ejectment
  • Proof of ownership
  • Absolution-from-the-instance
  • Proof-of-ownership
  • Civil-appeal
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Civil procedure [2019] LSCA 18

Lesotho People's Congress & Others v Makharilele (C of A (CIV) 76 of 2017)

Lesotho People's Congress & Others v Makharilele (C of A (CIV) 76 of 2017) [2019] LSCA 18 (1 February 2019)

The Court of Appeal set aside dismissal of a rescission application, holding that the High Court erred by failing to consider prospects of success and by treating an irregular set-down as valid.

  • Rescission of judgment
  • Absolution from the instance
  • Setting down of cases
  • Notice requirements
  • Rescission-of-judgment
  • Absolution-from-the-instance
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Property law [2018] LSCA 1

Mohasoa v Matekane Transport & Plant Hire (C of A (CIV) 1 of 2017)

Mohasoa v Matekane Transport & Plant Hire (C of A (CIV) 1 of 2017) [2018] LSCA 1 (7 December 2018)

The Court of Appeal held that the appellant failed to prove encroachment without expert survey evidence, but the High Court should have granted absolution from the instance.

  • Land encroachment
  • Absolution from the instance
  • Evidence requirements
  • Land-encroachment
  • Absolution-from-the-instance
  • Survey-evidence
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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.