Lesotho Case Law

Seipati Ramone V Standard Lesotho Bank & 4 Others (CCT/0517/2024)

Seipati Ramone V Standard Lesotho Bank & 4 Others (CCT/0517/2024) [2025] LSHC 240 (11 September 2025)

Court

High Court

Case number

CCT/0517/2024

The court found that there was no error in making the deed of settlement an order of court, as the applicant had agreed to its terms, including the right of the 1st respondent to execute upon default. The applicant defaulted on the agreed payments, entitling the 1st respondent to execute. The application for rescission was therefore dismissed.

Source excerpt

• Rescission of judgment
• Mortgage enforcement
• Settlement agreements
• Execution of judgments

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Moosa Holdings (Pty) v Messenger of Court - Alexis Mphahama (C OF A (CIV) 11/2023)

Moosa Holdings (Pty) v Messenger of Court - Alexis Mphahama (C OF A (CIV) 11/2023) [2023] LSCA 6 (17 November 2023)

Court

Court of Appeal

Case number

C OF A (CIV) 11/2023

The Court of Appeal held that a messenger’s 5% fee under Rule 21 requires authorization to sell and a valid execution process; variation alone did not withdraw attachment.

• Execution of judgments
• Messenger's fees
• Tax collection
• Interpretation of court rules
• Execution-of-judgments
• Messengers-fees

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Qhobela v Nkoe (CIV/APN 440 of 19)

Qhobela v Nkoe (CIV/APN 440 of 19) [2020] LSHC 13 (24 March 2020)

Court

High Court

Case number

CIV/APN 440 of 19

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.

• Ejectment
• Non-joinder
• Execution of judgments
• Declaratory orders
• Urgency
• Costs

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Abubaker v Magistrate Quthing (C of A (CIV) 19 of 2015)

Abubaker v Magistrate Quthing (C of A (CIV) 19 of 2015) [2016] LSCA 5 (29 April 2016)

Court

Court of Appeal

Case number

C of A (CIV) 19 of 2015

Execution of the ejectment order was suspended by the noting of appeal and any purported execution during suspension was a nullity; rescission application does not suspend order unless court directs; execution against a party not named in the order is invalid.

Source excerpt

• Execution of judgments
• Appeals
• Rescission
• Joinder
• Possession

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Abubaker v Deputy Sheriff Sefora & Others (C of A (CIV) 59 of 2014)

Abubaker v Deputy Sheriff Sefora & Others (C of A (CIV) 59 of 2014) [2016] LSCA 14 (29 April 2016)

Court

Court of Appeal

Case number

C of A (CIV) 59 of 2014

A warrant of ejectment cannot be issued solely on the basis of an order cancelling a Deed of Sale and transfer; there must be a specific order for eviction. The warrant was not issued in conformity with the judgment and was therefore liable to be set aside.

Source excerpt

• Warrants of ejectment
• Cancellation of deed of sale
• Execution of judgments

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Bryan MacCarthy v Lisebo Reginah MacCarthy and Another (CIV/T 220 of 1981)

Bryan MacCarthy v Lisebo Reginah MacCarthy and Another (CIV/T 220 of 1981) [2014] LSHC 19 (6 August 2014)

Court

High Court

Case number

CIV/T 220 of 1981

The High Court of Lesotho held that a writ of execution for arrear maintenance was invalid because it was issued long after default without revival of the judgment.

• Divorce
• Maintenance
• Execution of judgments
• Superannuation of orders
• Family-law
• Civil-procedure

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Korean National Commission for UNESCO v Sethojane (CIV/APN 353 of 13)

Korean National Commission for UNESCO v Sethojane (CIV/APN 353 of 13) [2013] LSHC 79 (23 October 2013)

Court

High Court

Case number

CIV/APN 353 of 13

The High Court of Lesotho held that domestic regulations protecting international organisation assets prevailed over execution rules, voiding the sale of the SPIS.

• Diplomatic immunity
• Execution of judgments
• Interpretation of statutes
• Diplomatic-immunity
• Execution-of-judgments
• International-law

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Khabo v Jankie (CIV/APN 399 of 2000)

Khabo v Jankie (CIV/APN 399 of 2000) [2013] LSHC 104 (14 March 2013)

Court

High Court

Case number

CIV/APN 399 of 2000

The High Court of Lesotho dismissed an application to revive a lapsed judgment, holding that Rule 57 applies only to judgments sounding in money.

• Revival of judgment
• Execution of judgments
• Contempt of court
• Civil-procedure
• Revival-of-judgment
• Execution-of-judgments

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Nkhasi v Taaso (CIV/T 567 of 6)

Nkhasi v Taaso (CIV/T 567 of 6) [2013] LSHC 112 (26 February 2013)

Court

High Court

Case number

CIV/T 567 of 6

The High Court dismissed an application to rescind or review judgment and stay execution, finding repeated urgent applications abusive and awarding costs.

• Abuse of process
• Execution of judgments
• Community of property
• Costs
• Abuse-of-process
• Execution-of-judgment

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Basotho Enterprises Development Corporation v Sao Sao International (Pty) Ltd and Another (CIV/T 250 of 9)

Basotho Enterprises Development Corporation v Sao Sao International (Pty) Ltd and Another (CIV/T 250 of 9) [2010] LSHC 7 (28 April 2010)

Court

High Court

Case number

CIV/T 250 of 9

The High Court held there was no judgment against the second defendant, since the pleadings and evidence supported summary judgment only against the company.

• Agency
• Corporate liability
• Summary judgment
• Execution of judgments
• Summary-judgment
• Rescission

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