Lesotho Case Law

Setsomi v Lesotho Police Staff Association (C of A (CIV) 55 of 2017)

Setsomi v Lesotho Police Staff Association (C of A (CIV) 55 of 2017) [2018] LSCA 20 (7 December 2018)

Court

Court of Appeal

Case number

C of A (CIV) 55 of 2017

The appeal is dismissed because Rule 43(1) does not preclude respondents from withdrawing opposition or affidavits without leave or consent. The appellants were served and failed to file opposing papers or seek condonation, thus were not denied the right to be heard. The Attorney General acted within his powers and was not obliged to represent the appellants' personal interests. The court a quo did not err in its application of the rules or in granting the orders sought.

Source excerpt

• Withdrawal of opposition
• Default judgment
• Audi alteram partem
• Representation by attorney general
• Court procedure

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Molise Lepota v Vincent Masoabi and Others (LC/APN 2013)

Molise Lepota v Vincent Masoabi and Others (LC/APN 2013) [2015] LSHC 57 (26 August 2015)

Court

High Court

Case number

LC/APN 2013

The High Court’s Land Court Division dismissed an application to amend pleadings and add evidence after the applicant had closed its case, finding procedural non-compliance and abuse of process.

• Declaratory orders
• Amendment of pleadings
• Absolution from the instance
• Court procedure
• Amendment-of-pleadings
• Absolution-from-the-instance

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Mafa Moshoeshoe v District Football Association-Leribe and Others (LC/APN 3 of 2012)

Mafa Moshoeshoe v District Football Association-Leribe and Others (LC/APN 3 of 2012) [2013] LSHC 48 (16 July 2013)

Court

High Court

Case number

LC/APN 3 of 2012

The High Court’s Land Court Division granted an interim interdict stopping construction on a disputed plot pending the main land ownership case.

• Interdicts
• Land ownership dispute
• Court procedure
• Land-disputes
• Civil-procedure
• Interim-relief

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Sofonia v Lesotho Defence Force and Others (CIV/APN 417 of 98)

Sofonia v Lesotho Defence Force and Others (CIV/APN 417 of 98) [2000] LSCA 27 (8 February 2000)

Court

Court of Appeal

Case number

CIV/APN 417 of 98

The court dismissed an ex parte application seeking to overturn an earlier estate distribution order, holding that the applicant should have joined the earlier proceedings or used review or appeal.

• Intestate succession
• Customary marriage
• Res judicata
• Court procedure
• Civil-procedure
• Succession

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Danzinger v Fun City (Pty) Limited (CIV/T 174 of 95)

Danzinger v Fun City (Pty) Limited (CIV/T 174 of 95) [1996] LSHC 29 (19 February 1996)

Court

High Court

Case number

CIV/T 174 of 95

The High Court of Lesotho partly granted rescission of two summary judgments, setting aside the M200,500 judgment but refusing to disturb the M20,000 judgment.

• Rescission of judgment
• Summary judgment
• Default judgment
• Court procedure
• Rescission-of-judgment
• Summary-judgment

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Moeketsi v Chief Magistrate and Another (CIV/APN 136 of 93)

Moeketsi v Chief Magistrate and Another (CIV/APN 136 of 93) [1994] LSCA 116 (12 July 1994)

Court

Court of Appeal

Case number

CIV/APN 136 of 93

The court held that rescission of default judgment was granted irregularly without proper notice or procedure, and reinstated the default judgment and writ of execution.

• Default judgment
• Rescission of judgment
• Execution of judgment
• Notice and service
• Court procedure
• Default-judgment

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Mofolo v Ntsane and Others (C of A (CIV) 5 of 1991)

Mofolo v Ntsane and Others (C of A (CIV) 5 of 1991) [1991] LSCA 9 (26 July 1991)

Court

Court of Appeal

Case number

C of A (CIV) 5 of 1991

The Court of Appeal held that a curator-ad-litem would not be appointed without proof that the minor had no guardian or that reasonable efforts to trace the father had failed.

• Curator-ad-litem appointment
• Minor's interests
• Guardianship
• Court procedure
• Curator-ad-litem
• Minor-guardianship

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Masoabi v Moiloa and Others (CIV/APN 420 of 87)

Masoabi v Moiloa and Others (CIV/APN 420 of 87) [1989] LSCA 15 (27 February 1989)

Court

Court of Appeal

Case number

CIV/APN 420 of 87

The court dismissed an urgent application over attachment of bonded property, holding that the applicant failed to seek procedural leave and did not fully disclose material facts.

• Urgent applications
• Disclosure of material facts
• Attachment of property
• Bonded property
• Court procedure
• Urgent-applications

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Koae v Lesotho National Insurance Company Pty Ltd (CIV/T 122 of 79)

Koae v Lesotho National Insurance Company Pty Ltd (CIV/T 122 of 79) [1980] LSHC 32 (12 May 1980)

Court

High Court

Case number

CIV/T 122 of 79

The High Court struck the matter off the roll because the filed power of attorney was signed by someone other than the named plaintiff, making the process invalid.

• Motor vehicle accident claims
• Powers of attorney
• Court procedure
• Personal injury damages
• Civil-procedure
• Powers-of-attorney

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