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Lesotho decisions
Decisions matching the current search
Netcare Hospitals (PTY)Ltd & 2 Others V Tsepong (PTY) Ltd (CCT/0079/2024) [2024] LSHC 243 (5 December 2024)
The High Court held that a round robin resolution authorising litigation was invalid because not all directors were notified, and dismissed rescission with costs.
Lesotho Dairy Products (Pty) Ltd v Lesotho National Dairy Board (CCA/0093/2020) [2022] LSHC 167 (15 December 2022)
The applicant failed to prove that the proceedings were duly authorised by a properly constituted board, as the respondent's nominee director was not invited to the meeting where the resolution to institute proceedings was allegedly taken. The deponent's authority was seriously challenged and not substantiated beyond a mere assertion of position. Exclusion of the nominee director was a fatal procedural defect, rendering the resolution and the proceedings unauthorised.
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Michael Steel Engineering (Pty) Ltd v Selemela Construction (Pty) Ltd (C of A (CIV) 31/2022) [2022] LSCA 49 (11 November 2022)
The Court of Appeal of Lesotho dismissed an appeal over lack of authority to institute proceedings in a company’s name, finding no sufficient authorisation was shown.
Lekatsa v Marematlou Freedom Party (C of A (CIV) 42/2022) [2022] LSCA 41 (11 November 2022)
The Court of Appeal of Lesotho held that authority to sue in a political party’s name was not proved, so the appeal succeeded and the application was dismissed.
Cooperative Lesotho Limited v Minister of Small businesses, Development, Cooperatives & Marketing & Others (CIV/APN 43; C of A (CIV)) [2017] LSCA 12 (12 May 2017)
The Court of Appeal held that officials exceeded their statutory powers by interfering in a cooperative society’s management and allowed the appeal.
Excel Health (Pty) Ltd v Dr Teboho Masia and Others (C of A (CIV) 40 of 2012) [2013] LSCA 6 (19 April 2013)
Dr. Masia, as a director of the appellant, owed a fiduciary duty not to appropriate for himself or his controlled company a corporate opportunity that arose by virtue of his position. The 15% shareholding in Mepco was such an opportunity, and by causing it to be registered in Musanda’s name, Dr. Masia breached his fiduciary duty. The appellant was entitled to have the shares transferred to it upon reimbursement of the purchase price.
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Excel Health (Pty) Ltd v Masia and Others (CCA 8 of 2012) [2012] LSHC 52 (18 October 2012)
The deponent was neither a director nor a shareholder and was not properly authorized by the board to institute proceedings. The board resolution was invalid as the signatories were not directors. There were material disputes of fact that could not be resolved on affidavit, and the application was improperly brought by motion instead of action.
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Lesotho Bus,Taxi and Owners Association and Another v Moeketsi Tsatsanyane (CIV/APN 438 of 10) [2011] LSHC 144 (14 February 2011)
The High Court dismissed an urgent interdict application after finding the deponent lacked authority to sue for the applicants and the resolution was defective.
Construction & Allied Workers Union v Mohale Dam Contractors (CIV/APN/ 39 of 2) [2002] LSCA 57 (23 August 2002)
The High Court dismissed an urgent application to compel compliance with an arbitration award, citing lack of jurisdiction, no urgency certificate, lack of authority, and novation.
Metropolitan Homes Trust Life (Pty) Ltd v Makepe (CIV/APN 278 of 88) [1990] LSCA 66 (19 March 1990)
The court granted rescission of a default judgment after finding the applicant was not to blame for its attorney’s non-appearance and that the application was properly authorised.
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