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Contract law [2025] LSCA 40

Bafani Construction (PTY) Ltd V Road Fund Secretariat & Ano. (C of A (CIV) 85/2024)

Bafani Construction (PTY) Ltd V Road Fund Secretariat & Ano. (C of A (CIV) 85/2024) [2025] LSCA 40 (2 May 2025)

Court
Court of Appeal
Case number
C of A (CIV) 85/2024

The High Court correctly held that while the arbitration clause ousted its jurisdiction over the merits, it retained jurisdiction to grant interim interdicts and spoliation orders under section 22 of the Arbitration Act 1980. The Road Fund Secretariat was a universitas personarum with standing to litigate. The appeal was without merit as the appellant obtained the relief it sought.

Source excerpt

  • Jurisdiction of high court with arbitration clause
  • Interim interdicts
  • Spoliation
  • Locus standi of statutory bodies
  • Specific performance
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Employment law [2025] LSCA 37

Motseoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (C of A (CIV) 80/2024)

Motseoa Pule & 90 Others V Ministry of Tourism, Environment and Culture & 2 Others (C of A (CIV) 80/2024) [2025] LSCA 37 (2 May 2025)

Court
Court of Appeal
Case number
C of A (CIV) 80/2024

The High Court correctly declined jurisdiction because the arbitration clause in the employment contracts was binding and had not been set aside or rendered inoperative under section 4 of the Arbitration Act 1980. The interim relief sought was not in aid of arbitration and thus not permissible under section 22. The costs order against the appellants was inappropriate given their circumstances.

Source excerpt

  • Jurisdiction
  • Arbitration clauses
  • Interim interdicts
  • Termination of employment
  • Costs orders
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Constitutional law [2025] LSCA 3

Prof. Nqosa Mahao , BAP President & 3 Others V Motlatsi Maqelepo & 3 Others (C of A (CIV) 03/2025)

Prof. Nqosa Mahao , BAP President & 3 Others V Motlatsi Maqelepo & 3 Others (C of A (CIV) 03/2025) [2025] LSCA 3 (2 May 2025)

Court
Court of Appeal
Case number
C of A (CIV) 03/2025

The Court of Appeal held that the High Court lacked jurisdiction over constitutional claims in this party-discipline dispute and set aside the interim order.

  • Jurisdiction of high court
  • Political party internal discipline
  • Interim interdicts
  • Appealability of orders
  • Jurisdiction
  • Constitutional-law
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Arbitration [2025] LSCA 26

Maseru City Council V SCIG-SMCJ-TIM Joint Venture (C of A (CIV) 66/2024)

Maseru City Council V SCIG-SMCJ-TIM Joint Venture (C of A (CIV) 66/2024) [2025] LSCA 26 (2 May 2025)

Court
Court of Appeal
Case number
C of A (CIV) 66/2024

The Court of Appeal held that the High Court could grant interim interdictory relief pending arbitration under the Arbitration Act, despite the arbitration clause.

  • Jurisdiction despite arbitration clause
  • Interim interdicts
  • Guarantee independence
  • Fraud exception in guarantees
  • Arbitration
  • Interim-interdicts
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Civil procedure [2025] LSHC 121

Palesa Khotso & Ano. V Letshego Financial Services LTD (CCT/0149/2022)

Palesa Khotso & Ano. V Letshego Financial Services LTD (CCT/0149/2022) [2025] LSHC 121 (14 April 2025)

Court
High Court
Case number
CCT/0149/2022

The application was an egregious abuse of the urgency procedure as applicants were properly served, aware of proceedings, and the execution process complied with the rules. No urgency or substantive irregularity was established. Applicants failed to meet requirements for interim interdict. Application dismissed with punitive costs.

Source excerpt

  • Urgent applications
  • Writ of execution
  • Abuse of process
  • Interim interdicts
  • Attachment and sale in execution
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Civil procedure [2023] LSHC 253

Molumo V Lesotho Police Staff (CCA/0143/2022)

Molumo V Lesotho Police Staff (CCA/0143/2022) [2023] LSHC 253 (14 September 2023)

Court
High Court
Case number
CCA/0143/2022

The High Court of Lesotho dismissed an urgent application to stop salary deductions, finding abuse of urgency procedure and no prima facie right to interim relief.

  • Interim interdicts
  • Urgency procedure
  • Abuse of process
  • Loan repayment disputes
  • Interim-interdicts
  • Urgency-procedure
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Administrative law [2022] LSHC 170

Jappie Catering v Ministry of Health (CCA/0113/2022)

Jappie Catering v Ministry of Health (CCA/0113/2022) [2022] LSHC 170 (15 November 2022)

Court
High Court
Case number
CCA/0113/2022

Applicant failed to establish urgency as business loss does not justify preferential treatment; failed to prove a prima facie right or irreparable harm as contract had expired and no constitutional discrimination was shown; interim interdict requirements not met.

Source excerpt

  • Urgency in applications
  • Interim interdicts
  • Legitimate expectation
  • Discrimination
  • Public procurement process
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Civil procedure [2022] LSHC 46

Jobo v Letshego Holdings (CCA/0068/2021)

Jobo v Letshego Holdings (CCA/0068/2021) [2022] LSHC 46 (9 June 2022)

Court
High Court
Case number
CCA/0068/2021

The High Court discharged a rule nisi stopping salary deductions by micro-lenders, finding the interim interdict was only meant to last until the Central Bank’s investigation ended.

  • Interim interdicts
  • Interpretation of court orders
  • Micro-lending regulation
  • Appeals and tribunals
  • Debt recovery
  • Interim-interdicts
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Civil procedure [2022] LSHC 25

Laxton Group Limited v Procurement Unit, Independent Electrol Commission (CCA/0039/2022)

Laxton Group Limited v Procurement Unit, Independent Electrol Commission (CCA/0039/2022) [2022] LSHC 25 (5 May 2022)

Court
High Court
Case number
CCA/0039/2022

The High Court refused to ignore a late answering affidavit in a tender review and declined to confirm the rule, but awarded costs against two respondents.

  • Condonation of late filing
  • Costs orders
  • Tender disputes
  • Interim interdicts
  • Late-filing
  • Condonation
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Contract law [2022] LSHC 28

Tholo Energy Pty Ltd v Letseng Diamond Pty,ltd (CCA/0013/2022)

Tholo Energy Pty Ltd v Letseng Diamond Pty,ltd (CCA/0013/2022) [2022] LSHC 28 (29 April 2022)

Court
High Court
Case number
CCA/0013/2022

Urgent interim interdict refused for self-created urgency, inadequate notice, and failure to show a prima facie right. Costs were punitive.

  • Urgent applications
  • Interim interdicts
  • Contract termination
  • Costs orders
  • Abuse of process
  • Urgent-applications
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About this LexChat collection

Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.