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Lesotho decisions
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Moeketsi Lekau & 8 Others V MInistry of Public Service (CIV/APN/458/2021) [2024] LSHC 222 (13 November 2024)
The High Court of Lesotho dismissed a challenge to public service grading changes, finding Grade H in the Human Resources cadre was never abolished.
Thabiso Mosao V Mabohlale Makakole & 3 Others (CIV/T/570/2023) [2023] LSHC 26 (12 December 2023)
The court lacks jurisdiction to entertain the plaintiff's claim for a declarator as customary heir because the procedure under section 14(4) of the Laws of Lerotholi, requiring family council arbitration, was not exhausted. The special plea of jurisdiction is upheld and the matter is dismissed for being prematurely before the court.
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Mats'epo Matlakeng V Ramahetlana Matlakeng &9 Others (CIV/APN/0159/2022) [2023] LSHC 128 (29 September 2023)
The High Court held that a dispute over inheritance and succession in an estate containing land is not a pure land dispute, so it had jurisdiction.
Rampooana V The Fist National Bank of Lesotho (CCA/0073/2022) [2023] LSHC 132 (3 August 2023)
The bank had no statutory or contractual authority to freeze the 1st applicant’s account or reverse the funds absent a court order; its obligations were limited to reporting suspicious transactions. The 3rd applicant had standing due to its interest in the funds, but the 2nd applicant did not.
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Ranthako v Ranthako (CIV/APN/291/2020) [2022] LSHC 45 (20 June 2022)
The High Court held that a dispute over heirship and succession was not a pure land dispute, so jurisdiction was not ousted and the matter could proceed.
Hata Butle (Pty) Ltd v Monethi (CCT/0034/2022) [2022] LSHC 33 (1 June 2022)
Applicant established a clear right as landlord to collect rent; 1st respondent failed to show authority to act for applicant; evidence showed 1st respondent demanded rent from tenants, infringing applicant's right; no alternative remedy available. All requirements for a final interdict met. Letters by 1st respondent declared null and void.
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Mochochoko v The Prime Minister (CIV/APN 141 of 20) [2020] LSHC 35 (26 June 2020)
The High Court dismissed a challenge to Lesotho’s Covid-19 response for lack of locus standi, holding the applicant’s taxpayer interest was too remote.
Qhobela v Nkoe (CIV/APN 440 of 19) [2020] LSHC 13 (24 March 2020)
The High Court dismissed an urgent application challenging a warrant of ejectment, holding that the applicants should have used Rule 46 to set aside the judgment.
Shale v Shale (LC/APN 19) [2019] LSHC 44 (5 November 2019)
Failure by the Magistrate to hear viva voce evidence where there existed a dispute of facts amounted to a reviewable irregularity, and the applicant was prejudiced by not being afforded an opportunity to present his case.
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Liquidators of Thotanyana Mining & Civil Works (Pty) Ltd In Liquidation v Vilakazi (CCA 35 of 16) [2019] LSHC 4 (14 March 2019)
The Master of the High Court is empowered to make rulings in liquidation matters; the Companies Act 2011 does not provide for provisional liquidators but requires compliance with the Insolvency Proclamation regarding meetings of creditors; hire purchase creditors are secured creditors but must pay sale proceeds to the liquidators; liquidators do not require the Master's permission to seek legal advice.
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