Lesotho Case Law

Manthatisi Qhaau V COMPOL (CIV/T/458/2016)

Manthatisi Qhaau V COMPOL (CIV/T/458/2016) [2025] LSHC 47 (3 March 2025)

Court

High Court

Case number

CIV/T/458/2016

The 1st Plaintiff was unlawfully arrested and detained for two days without charge, with no credible justification from the police. Her claims for assault, contumelia, and loss of support failed due to lack of evidence. The 2nd Plaintiff, having incurred burial expenses, was entitled to reimbursement as his evidence was unchallenged. Joinder of the 2nd Plaintiff was necessary for convenience and to avoid multiplicity of actions.

Source excerpt

• Unlawful arrest and detention
• Damages for loss of support
• Burial expenses
• Joinder of parties

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SOLANDRA INC. (In Liquidation) V VASANT (CCA/0101/2022)

SOLANDRA INC. (In Liquidation) V VASANT (CCA/0101/2022) [2023] LSHC 138 (14 September 2023)

Court

High Court

Case number

CCA/0101/2022

The High Court of Lesotho rescinded earlier orders, holding that a foreign liquidator must first be recognised before suing in Lesotho.

• Rescission of judgment
• Locus standi of foreign liquidator
• Recognition of foreign representatives
• Joinder of parties
• Rescission-of-judgment
• Foreign-liquidator-recognition

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Kolisang v Rantso (CIV/APN/0101/2022)

Kolisang v Rantso (CIV/APN/0101/2022) [2022] LSHC 133 (3 November 2022)

Court

High Court

Case number

CIV/APN/0101/2022

The applicant failed to demonstrate any gross irregularity or prejudice resulting from the joinder of the 4th respondent; the challenge was to the merits, not the procedure, and thus not reviewable.

Source excerpt

• Review of magistrate's decision
• Joinder of parties
• Ejectment proceedings
• Locus standi

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Masupha v Masupha (C of A No.20/2021)

Masupha v Masupha (C of A No.20/2021) [2022] LSCA 8 (13 May 2022)

Court

Court of Appeal

Case number

C of A No.20/2021

The High Court failed to judiciously exercise its discretion by not interrogating the explanation for delay and prospects of success before refusing condonation. The Minister, not the King, is the effective decision maker, and there was no need to join the King. The appellant made out a case for condonation and the matter should be remitted for hearing de novo.

Source excerpt

• Condonation
• Joinder of parties
• Chieftainship succession
• Review of administrative action

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Motsomi v Tsehloane (CIV/T/192/2011)

Motsomi v Tsehloane (CIV/T/192/2011) [2022] LSHC 37 (3 March 2022)

Court

High Court

Case number

CIV/T/192/2011

The High Court of Lesotho dismissed an interlocutory application for joinder and consolidation, finding inadequate disclosure, delay, and likely prejudice.

• Joinder of parties
• Consolidation of actions
• Disclosure
• Prejudice
• Convenience
• Joinder-of-parties

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Makgothi v Aucor Lesotho (CCT/0326/2021)

Makgothi v Aucor Lesotho (CCT/0326/2021) [2022] LSHC 5 (12 February 2022)

Court

High Court

Case number

CCT/0326/2021

The High Court of Lesotho held that citing the Attorney General in his nominal capacity was sufficient in proceedings against Government, and refused joinder of the Ministry of Finance.

• Joinder of parties
• Citation of government entities
• Nominal parties
• Joinder-of-parties
• Government-litigation
• Citation-of-government-entities

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Naeem v Rizwan (C of A (CIV) 4 of 2021)

Naeem v Rizwan (C of A (CIV) 4 of 2021) [2021] LSCA 3 (20 April 2021)

Court

Court of Appeal

Case number

C of A (CIV) 4 of 2021

The Court of Appeal dismissed, by consent, an appeal against a rule nisi in an interdict matter, and noted concerns about unnecessary joinder and costs.

• Interdict
• Joinder of parties
• Costs
• Jurisdiction
• Civil-procedure
• Interdicts

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Minister of Trade & Industry v Lesotho National Development Cooporation (C of A (CIV) 78 of 2019)

Minister of Trade & Industry v Lesotho National Development Cooporation (C of A (CIV) 78 of 2019) [2020] LSCA 46 (30 October 2020)

Court

Court of Appeal

Case number

C of A (CIV) 78 of 2019

The Court of Appeal held that s 8(7) of the LNDC Act requires only that the Minister form an opinion of unfitness and instruct the director to vacate office. The statute does not require a hearing or application of the audi alteram partem rule. The Minister's issuance of show cause letters and consideration of representations satisfied any procedural fairness. The High Court erred in finding the Minister's actions unlawful and in setting aside the dismissals.

Source excerpt

• Dismissal of directors
• Ministerial powers
• Audi alteram partem
• Statutory interpretation
• Consolidation of cases
• Joinder of parties

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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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Eldaro Trading (Pty) Ltd v Meraka (Pty) Ltd (C of A (CIV) 18 of 2019)

Eldaro Trading (Pty) Ltd v Meraka (Pty) Ltd (C of A (CIV) 18 of 2019) [2020] LSCA 4 (29 May 2020)

Court

Court of Appeal

Case number

C of A (CIV) 18 of 2019

The Appeal Court dismissed a liquidation appeal, finding no proof of commercial insolvency and holding that the proceedings were used to pressure payment.

• Liquidation proceedings
• Joinder of parties
• Commercial insolvency
• Abuse of process
• Liquidation-proceedings
• Commercial-insolvency

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