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Contract law [2025] LSHC 199

Sehloho Lethetsa v Lipuo Sekasha & Ano. (CCT/0262/2016)

Sehloho Lethetsa v Lipuo Sekasha & Ano. (CCT/0262/2016) [2025] LSHC 199 (14 August 2025)

Court
High Court
Case number
CCT/0262/2016

The Plaintiff was not in breach as the payment schedule was disrupted by the Defendant's delay in evicting occupants, and no new payment schedule was agreed. The Defendant did not place the Plaintiff in mora by demand, so no breach occurred. The Defendant's refusal to accept payment and unilateral demand for interest constituted breach. The contract was enforceable as the property was ascertainable. Specific performance was the appropriate remedy.

Source excerpt

  • Specific performance
  • Breach of contract
  • Sale of immovable property
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Contract law [2025] LSHC 196

Pitso Pitso V Principal Secretary- Ministry of Public Works & 3 Others (CCA/0125/2020)

Pitso Pitso V Principal Secretary- Ministry of Public Works & 3 Others (CCA/0125/2020) [2025] LSHC 196 (14 August 2025)

Court
High Court
Case number
CCA/0125/2020

The contract was one of independent contractor, not employment. The applicant was entitled to payment for work done, and the respondents' reliance on Public Service Commission procedures was misplaced. The applicant is entitled to contractual damages for breach of contract.

Source excerpt

  • Independent contractor vs employee
  • Breach of contract
  • Damages
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Contract law [2023] LSHC 149

Mapota V Makoae t/a MR Plumber and Maintance (CCA/0107/2021)

Mapota V Makoae t/a MR Plumber and Maintance (CCA/0107/2021) [2023] LSHC 149 (30 November 2023)

Court
High Court
Case number
CCA/0107/2021

The High Court granted cancellation of a verbal supply contract, ordering restitution of M34,314.50 for undelivered bathroom materials and costs.

  • Breach of contract
  • Restitution
  • Cancellation of agreement
  • Breach-of-contract
  • Cancellation-of-agreement
  • Motion-procedure
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Civil procedure [2023] LSHC 90

Ramashamole V Mathiba (CCT/ 258 of 2022)

Ramashamole V Mathiba (CCT/ 258 of 2022) [2023] LSHC 90 (4 May 2023)

Court
High Court
Case number
CCT/ 258 of 2022

The High Court of Lesotho dismissed an application to rescind default judgment, holding the applicant was in wilful default and lacked a bona fide defence.

  • Rescission of judgment
  • Default judgment
  • Breach of contract
  • Rescission-of-judgment
  • Default-judgment
  • Civil-procedure
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Contract law [2023] LSHC 1

Qhalane v Makhetha (CCT/0178/2021)

Qhalane v Makhetha (CCT/0178/2021) [2023] LSHC 1 (16 February 2023)

Court
High Court
Case number
CCT/0178/2021

The plaintiff is entitled to repayment of the purchase price and damages for the handling fee paid to the contractor, but not for loss of business profits, as such loss is not generally recoverable in a contract of sale absent special circumstances. Contributory negligence is not a defence unless it is the sole cause of loss.

Source excerpt

  • Breach of contract
  • Damages assessment
  • Mora interest
  • Contributory negligence
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Contract law [2022] LSHC 65

Lefoka v Barali Estate (CCA/0144/2019)

Lefoka v Barali Estate (CCA/0144/2019) [2022] LSHC 65 (25 August 2022)

Court
High Court
Case number
CCA/0144/2019

The agreement was valid and enforceable; applicant's claims of mistake, undue influence, and breach were not factually or legally substantiated. Disputes of fact were foreseeable and the applicant's conditional prayer for referral to trial was procedurally improper, warranting dismissal of the application.

Source excerpt

  • Cancellation of contract
  • Breach of contract
  • Undue influence
  • Mistake in contract
  • Motion proceedings
  • Foreseeability of disputes of fact
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Property law [2022] LSHC 64

Executors Estate Late Lebamang James Monapathi v Dust Busters (CCA/0045/2022)

Executors Estate Late Lebamang James Monapathi v Dust Busters (CCA/0045/2022) [2022] LSHC 64 (18 August 2022)

Court
High Court
Case number
CCA/0045/2022

The applicant proved entitlement to a tacid hypothec as the 1st respondent was in arrears and the movables were on the premises. The 1st respondent's alleged verbal amendment was invalid as it was not with the executor. The 1st respondent breached the sublease by subletting without consent and was unjustly enriched. The new evidence in reply was allowed as it was proof of an allegation in the founding affidavit and the respondent had opportunity to respond.

Source excerpt

  • Tacid hypothec
  • Sublease agreement
  • Breach of contract
  • Unjust enrichment
  • Introduction of new evidence in reply
  • Ex parte procedure
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Contract law [2022] LSHC 23

Boipabolo Junior School v Mza Estate Agency Pty Ltd (CCA/0112/2022)

Boipabolo Junior School v Mza Estate Agency Pty Ltd (CCA/0112/2022) [2022] LSHC 23 (10 June 2022)

Court
High Court
Case number
CCA/0112/2022

The High Court held that the 3rd respondent, as principal, was bound by the agent’s sale of land and had to refund the purchase price after non-transfer.

  • Agency relationship
  • Principal liability
  • Breach of contract
  • Restitution
  • Company as separate legal entity
  • Agency-law
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Contract law [2022] LSHC 43

Kel Property Company (Pty) Ltd v Phomolong Investment (Pty) Ltd (CCA/83/2013)

Kel Property Company (Pty) Ltd v Phomolong Investment (Pty) Ltd (CCA/83/2013) [2022] LSHC 43 (9 June 2022)

Court
High Court
Case number
CCA/83/2013

The presence of an arbitration clause does not oust the court's jurisdiction; the respondent failed to apply for a stay of proceedings as required by law and delivered pleadings, thus forfeiting the right to arbitration. The applicant, by its conduct, elected to affirm the contract and lost the right to cancel based on earlier breaches. The parties were obliged to review rentals by mutual agreement at specified intervals, and the respondent acted unreasonably in refusing arbitration and proposing two arbitrators contrary to the agreement.

Source excerpt

  • Arbitration clause
  • Jurisdiction
  • Contract interpretation
  • Breach of contract
  • Election to affirm contract
  • Rental review
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Civil procedure [2022] LSHC 27

Sclc Polihali Diversion Tunnel Joint Venture v Lehobo (CCT/0206/2020)

Sclc Polihali Diversion Tunnel Joint Venture v Lehobo (CCT/0206/2020) [2022] LSHC 27 (27 April 2022)

Court
High Court
Case number
CCT/0206/2020

High Court rescission case on default judgment, holding the April 2020 invoice claim liquidated but the M180,000 compensation claim required evidence.

  • Rescission of judgment
  • Liquidated demand
  • Breach of contract
  • Default judgment
  • Rescission-of-judgment
  • Liquidated-demand
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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.

Source links and collection timestamps are retained alongside the indexed records.