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Lesotho decisions
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Monate Catering & 5 Others V Ministry of Health-Tender Panel & 13 Other s (C of A (CIV) 84/2023) [2025] LSCA 39 (2 May 2025)
The Court of Appeal allowed withdrawal of a review application that failed to annex the judgment challenged, finding the papers unintelligible and ordered no costs.
Sehloho v Basotho Congress Party (CIV/APN 26 of 19) [2020] LSHC 15 (13 March 2020)
The High Court of Lesotho dismissed an urgent application after finding the applicant had not proved locus standi and his replying affidavit was inadmissible.
Mokhosi v Matsie (CIV/APN 299 of 17) [2018] LSHC 15 (22 October 2018)
The civil marriage between Seabata Steven Makhetha and Tšepiso Johanna Franssisca Matsie is null and void ab initio because a valid customary marriage existed between the applicant and Seabata Steven Makhetha at the time. The applicant's affidavit was not defective, and the 1st respondent failed to challenge the existence of the prior marriage or allege her bona fides.
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Moshao v Lesotho General National Insurance Co. (C of A (CIV) 10 of 2016) [2016] LSCA 36 (28 October 2016)
The High Court erred by dismissing the appellant's claim on the basis of the special plea without conducting an enquiry or hearing evidence to establish whether there was compliance with section 9(d)(iv) of the Motor Vehicle Insurance Order No.26 of 1989. The burden of proof for the special plea rested on the respondent, and there was no evidence of wilful or deliberate refusal by the appellant to submit an affidavit. The severe penalty of forfeiture of claim should only apply where non-compliance is deliberate and unreasonable.
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Labour Commissioner Obo Lepekola v Lesotho Electricity Corporation (LC 49 of 5) [2010] LSLC 25 (16 November 2010)
The Labour Court dismissed a condonation application in a workmen’s compensation matter because the supporting affidavit was not sworn before a commissioner of oaths.
Motho-Mang v Magistrate of Maseru & Others (CRI/T 829 of 2002) [2002] LSCA 146 (13 September 2002)
On review, the High Court set aside a magistrate’s bail order after finding reliance on an unsworn valuation document and varying bail to M300 with surety.
R v Khalane (Review 11 of 2002) [2002] LSCA 32 (26 February 2002)
The application was dismissed because it was not properly before the court, as the applicant failed to depose to an affidavit and did not provide an explanation for her non-attendance, rendering the affidavits from counsel and clerk insufficient.
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Tlali v Makau (CIV\APN 299 of 97) [1998] LSCA 26 (12 March 1998)
The High Court of Lesotho dismissed jurisdictional and procedural objections, upheld the applicant’s interdict claim, and entered judgment for the applicant with costs.
Rangope v Security Lesotho (Pty) Ltd (CIV/APN 382 of 95) [1997] LSHC 77 (22 September 1997)
The High Court of Lesotho dismissed a Rule 30 objection, holding the applicant had taken later steps after knowing of the alleged irregularity and could not complain.
Leribe Taxis Association v Road Transport Board and Others (CIV/APN 49 of 89) [1990] LSCA 65 (19 March 1990)
The Government does not require a resolution to oppose proceedings, and the affidavit filed in support of the opposition is valid. The point raised in limine is dismissed with costs.
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