Lesotho Case Law

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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Ramahloko v The Learned Magistrate Mr. Kolobe (CIV/APN 77 of 19)

Ramahloko v The Learned Magistrate Mr. Kolobe (CIV/APN 77 of 19) [2019] LSHC 55 (12 September 2019)

Court

High Court

Case number

CIV/APN 77 of 19

The High Court dismissed an urgent ex parte review, finding the urgency self-created and the certificate of urgency perfunctory.

• Urgent applications
• Ex parte procedure
• Custody and access
• Abuse of process
• Certification of urgency
• Urgent-applications

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Phooko v J & M Properties (Pty) Ltd (CCA 43 of 2013)

Phooko v J & M Properties (Pty) Ltd (CCA 43 of 2013) [2015] LSHC 29 (29 July 2015)

Court

High Court

Case number

CCA 43 of 2013

The High Court of Lesotho dismissed a spoliation application after finding the applicant had not proved prior peaceful and undisturbed possession of the plot.

• Spoliation
• Possession
• Interdicts
• Ex parte procedure
• Civil-procedure
• Property-law

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Pokane and Another v Pokane and Others (C of A (CIV) 11 of 2014)

Pokane and Another v Pokane and Others (C of A (CIV) 11 of 2014) [2014] LSCA 33 (24 October 2014)

Court

Court of Appeal

Case number

C of A (CIV) 11 of 2014

The Court of Appeal held an urgent ex parte application should not have been dismissed for lack of urgency or Rule 8(4) non-compliance, but factual disputes required trial.

• Urgency in applications
• Ex parte procedure
• Conversion of application to trial
• Interdicts
• Administration of estates
• Civil-procedure

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Lesotho Bank v Mpaka (CIV/APN 197 of 2000)

Lesotho Bank v Mpaka (CIV/APN 197 of 2000) [2000] LSCA 130 (12 October 2000)

Court

Court of Appeal

Case number

CIV/APN 197 of 2000

The High Court confirmed a rule nisi in a liquidation matter, rejecting objections to locus standi, urgency, hearing, and the trustee’s appointment.

• Provisional liquidation
• Locus standi
• Urgency in applications
• Appointment of trustee
• Ex parte procedure
• Provisional-liquidation

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Lesotho University Teachers & Researchers Union v National Union of Lesotho (CIV\APN 23 of 97)

Lesotho University Teachers & Researchers Union v National Union of Lesotho (CIV\APN 23 of 97) [1998] LSCA 4 (5 January 1998)

Court

Court of Appeal

Case number

CIV\APN 23 of 97

The application was dismissed because the obligation to pay car allowances was conditional on the availability of funds, which were not available beyond March 1997; enforcing payment would require the respondent to breach statutory budgetary controls; the application was improperly brought ex parte without sufficient urgency; and the applicant failed to provide admissible evidence of a binding contract or to address genuine disputes of fact.

Source excerpt

• Urgent applications
• Collective bargaining agreements
• Implied contractual terms
• University governance
• Budgetary control
• Ex parte procedure

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