Lesotho Case Law

Jobere Kelane V Director of Public Prosecutions (C of A (CRI) 04/2024)

Jobere Kelane V Director of Public Prosecutions (C of A (CRI) 04/2024) [2025] LSCA 43 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CRI) 04/2024

The grounds of appeal did not challenge the trial court's core findings, and the evidence established the appellant's guilt beyond reasonable doubt. The sentence of 13 years was manifestly lenient given the gravity of the offence, and the appellate court was empowered to enhance the sentence proprio motu after inviting submissions from both parties.

Source excerpt

• Murder
• Extenuating circumstances
• Sentencing
• Appeal procedure
• Restorative justice

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Sello Buti t/a Classic Distributors V Standard Lesotho Bank & 2 Others (C of A (CIV) 51/2024)

Sello Buti t/a Classic Distributors V Standard Lesotho Bank & 2 Others (C of A (CIV) 51/2024) [2025] LSCA 20 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 51/2024

The Court of Appeal refused condonation for a 5-year-late appeal, holding the High Court was not functus officio when it set aside an irregular writ of execution.

• Condonation
• Functus officio
• Writ of execution
• In duplum rule
• Appeal procedure
• Functus-officio

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Ts'epong (PTY) LTD V NETCARE Hospitals & 2 Others (C of A (CIV) No. 01/2025)

Ts'epong (PTY) LTD V NETCARE Hospitals & 2 Others (C of A (CIV) No. 01/2025) [2025] LSCA 1 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) No. 01/2025

The Court of Appeal upheld Tšepong’s appeal, set aside the High Court’s rescission ruling, and remitted the matter for hearing on the merits.

• De facto directorship
• Board resolutions
• Procedural standing
• Security for costs
• Appeal procedure
• Corporate governance

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JERINAH GOOLAM ESSANEY V ABRAHAM JOSEPH & 6 Others (C of A (CIV) 12/2025)

JERINAH GOOLAM ESSANEY V ABRAHAM JOSEPH & 6 Others (C of A (CIV) 12/2025) [2025] LSCA 11 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 12/2025

The Court of Appeal struck an appeal off the roll after late withdrawal of condonation, and ordered attorney-and-client costs for the wasted time and expense.

• Costs
• Condonation
• Appeal procedure
• Punitive costs
• Civil-procedure
• Appeal-procedure

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Metsing Khoete v Hata-Butle (Pty) Ltd (C of A (CIV) 20/2023)

Metsing Khoete v Hata-Butle (Pty) Ltd (C of A (CIV) 20/2023) [2023] LSCA 11 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 20/2023

The appellants' non-compliance with the rules of court was egregious, inadequately explained, and not bona fide. The cumulative effect of late filing of the record, failure to apply for condonation for late heads of argument, and failure to provide security for costs as required by the rules warranted refusal of condonation and striking the appeal off the roll, regardless of prospects of success.

Source excerpt

• Contempt of court
• Interlocutory relief
• Appeal procedure
• Security for costs
• Condonation
• Non-compliance with rules

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Muhammad Ashraf v Director of Public Prosecutions (C of A (CRI) 04/2023)

Muhammad Ashraf v Director of Public Prosecutions (C of A (CRI) 04/2023) [2023] LSCA 5 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CRI) 04/2023

The Court of Appeal has no jurisdiction to entertain an appeal against conviction or sentence from the Subordinate Court before the High Court has heard the matter, except on a point of law arising from the High Court's exercise of revisional jurisdiction. No point of law was raised; the appeal and application for leave to appeal are incompetent and must be struck off the roll.

Source excerpt

• Automatic review
• Jurisdiction of appellate courts
• Sentencing
• Appeal procedure

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Orange Primate Civils (Pty) Ltd v Red Star Group (Pty) Ltd (C of A (CIV) 16/2023)

Orange Primate Civils (Pty) Ltd v Red Star Group (Pty) Ltd (C of A (CIV) 16/2023) [2023] LSCA 8 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 16/2023

The Court of Appeal struck the appeal off the roll because the appellant should have sought rescission of the default judgment in the High Court under Rule 45(1).

• Default judgment
• Appeal procedure
• Costs
• Civil-procedure
• Default-judgment
• Appeal-procedure

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Tholang Mofolo V Chaphole Mofolo (CIV/A/38/2021)

Tholang Mofolo V Chaphole Mofolo (CIV/A/38/2021) [2023] LSHC 29 (8 August 2023)

Court

High Court

Case number

CIV/A/38/2021

The High Court of Lesotho dismissed an application for condonation of a late appeal, finding the delay unexplained and the appeal record not filed.

• Condonation
• Appeal procedure
• Late filing
• Court discretion
• Appeal-procedure
• Late-filing

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Molupe v Lesotho National General Insurance Co. Ltd (C of A No.08/2022)

Molupe v Lesotho National General Insurance Co. Ltd (C of A No.08/2022) [2022] LSCA 5 (13 May 2022)

Court

Court of Appeal

Case number

C of A No.08/2022

The Court of Appeal struck the appeal off the roll because there was no fully transcribed High Court record, making the quantum challenge impossible to decide.

• Quantum of damages
• Appeal procedure
• Evidence admissibility
• Appeal-procedure
• Appellate-record
• Quantum-of-damages

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Smith v Ts'epong Proprietary Limited (C of A (CIV) 22 of 2020)

Smith v Ts'epong Proprietary Limited (C of A (CIV) 22 of 2020) [2021] LSCA 11 (14 May 2021)

Court

Court of Appeal

Case number

C of A (CIV) 22 of 2020

The Court of Appeal dismissed condonation for a late appeal, holding the eight-month delay after awareness of non-compliance was unexplained and flagrant.

• Judicial management
• Condonation for late filing
• Directors' authority
• Appeal procedure
• Condonation-for-late-filing
• Late-notice-of-appeal

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