Lesotho Case Law

Moeketsi Mohlahatsa & Ano. V The Commander LDF & Ano. (C of A (CIV/REV) No. 39/2025)

Moeketsi Mohlahatsa & Ano. V The Commander LDF & Ano. (C of A (CIV/REV) No. 39/2025) [2025] LSCA 63 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV/REV) No. 39/2025

The Court of Appeal held that delayed review was fatal to the gratuity claim but not to the pension claim, which was a continuing wrong. The matter was remitted.

• Unreasonable delay
• Review of administrative action
• Continuing cause of action
• Gratuity vs pension distinction
• Prescription
• Declaratory relief

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Lkotsi Mokoma V Commander Lesotho Defence Force & 4 Others (C of A (CIV) No 69/2018)

Lkotsi Mokoma V Commander Lesotho Defence Force & 4 Others (C of A (CIV) No 69/2018) [2024] LSCA 39 (9 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 69/2018

The Court of Appeal held that section 51(1) of the Lesotho Defence Force Act allows sentencing discretion and does not require imprisonment.

• Sentencing discretion
• Ultra vires
• Summary trial procedure
• Declaratory relief
• Judgment interpretation
• Military-law

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Lesotho College of Education Student Representative Council & Ano. V The Registrar, Lesotho College of Education & 6 Others (CIV/APN/0090/2024)

Lesotho College of Education Student Representative Council & Ano. V The Registrar, Lesotho College of Education & 6 Others (CIV/APN/0090/2024) [2024] LSHC 253 (12 June 2024)

Court

High Court

Case number

CIV/APN/0090/2024

The High Court held that NMDS had to pay the full tuition and academic fees under the loan bursary agreements, and students could continue studies.

• Interpretation of loan bursary agreements
• Government funding obligations
• Statutory duties of educational institutions
• Mandamus
• Declaratory relief
• Consultation requirements in administrative decisions

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Engidata (Pty) Ltd v Fischer Consulting Joint Venture (CCA/0115/2021)

Engidata (Pty) Ltd v Fischer Consulting Joint Venture (CCA/0115/2021) [2022] LSHC 49 (9 June 2022)

Court

High Court

Case number

CCA/0115/2021

The applicant failed to establish an interest in an existing, future, or contingent right or obligation as required for a declarator, since the World Bank Procurement Regulations do not confer enforceable rights on bidders. Consequently, the applicant also lacks locus standi. The application is dismissed on these bases without considering the remaining points in limine or the merits.

Source excerpt

• Declaratory relief
• Locus standi
• Points in limine
• Procurement regulations
• Conflict of interest

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Masupha v Masupha (CIV/APN/246/2017)

Masupha v Masupha (CIV/APN/246/2017) [2022] LSHC 15 (10 March 2022)

Court

High Court

Case number

CIV/APN/246/2017

The High Court of Lesotho dismissed condonation for a late answering affidavit and granted review relief, setting aside the ministerial recommendation and chieftainship notice.

• Chieftainship succession
• Judicial review
• Condonation of late filing
• Non-joinder
• Declaratory relief
• Condonation

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Setuka v Setuka (CIV/APN/102/2018)

Setuka v Setuka (CIV/APN/102/2018) [2022] LSHC 16 (28 February 2022)

Court

High Court

Case number

CIV/APN/102/2018

The High Court held it lacked jurisdiction over a dispute centered on rights to land and heirship to immovable property, and dismissed the application with costs.

• Jurisdiction
• Heirship
• Immovable property
• Inheritance
• Declaratory relief
• Land-law

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Qhobela v Nkoe (C of A (CIV) 13 of 20)

Qhobela v Nkoe (C of A (CIV) 13 of 20) [2020] LSCA 26 (30 October 2020)

Court

Court of Appeal

Case number

C of A (CIV) 13 of 20

The Court of Appeal held that non-parties challenging an eviction order should seek rescission under Rule 46(11), but punitive costs were set aside for lack of hearing.

• Eviction
• Rescission of judgment
• Joinder of parties
• Declaratory relief
• Costs
• Rescission-of-judgment

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Makhasane v Mokhochane (CIV/APN 118 of 14)

Makhasane v Mokhochane (CIV/APN 118 of 14) [2019] LSHC 64 (14 November 2019)

Court

High Court

Case number

CIV/APN 118 of 14

The High Court, while having the power to grant declaratory relief, declined to exercise its discretion because the dispute is a labour matter falling within the exclusive jurisdiction of the Labour Court, and entertaining it would undermine the policy of specialized labour dispute resolution.

Source excerpt

• Jurisdiction
• Declaratory relief
• Specialized courts
• Employment termination
• Labour dispute resolution

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Rantle v Methodist Church of Southern Africa (C of A (CIV) 24 of 2016)

Rantle v Methodist Church of Southern Africa (C of A (CIV) 24 of 2016) [2016] LSCA 44 (28 October 2016)

Court

Court of Appeal

Case number

C of A (CIV) 24 of 2016

The Court of Appeal dismissed a land-related appeal, holding the High Court lacked jurisdiction and that the appellant’s ex parte process justified attorney-client costs.

• Jurisdiction
• Stay of execution
• Declaratory relief
• Abuse of process
• Costs
• Stay-of-execution

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Nthabiseng Mokoena v Lesotho Post Bank (Pty) Ltd (LC 80 of 2013)

Nthabiseng Mokoena v Lesotho Post Bank (Pty) Ltd (LC 80 of 2013) [2013] LSLC 72 (13 October 2013)

Court

Labour Court

Case number

LC 80 of 2013

The Labour Court held that an employee remains employed during a notice period after resignation and may still be disciplined before the notice expires.

• Resignation
• Disciplinary proceedings during notice period
• Declaratory relief
• Employment-law
• Disciplinary-proceedings
• Notice-period

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