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Lesotho Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Civil-procedure [2023] LSHC 138

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

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

The High Court of Lesotho rescinded earlier orders, holding that a foreign liquidator must first be recognised before suing in Lesotho.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
  • Foreign-liquidator-recognition
  • Locus-standi
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Civil-procedure [2022] LSHC 37

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

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

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
  • Civil-procedure
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Civil-procedure [2022] LSHC 5

Makgothi v Aucor Lesotho (CCT/0326/2021)

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

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
  • Government-litigation
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Civil-procedure [2021] LSCA 3

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)

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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Civil-procedure [2020] LSCA 26

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)

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
  • Punitive-costs
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Company-law [2020] LSCA 4

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)

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
  • Company-law
  • Insolvency-law
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Land-law [2019] LSHC 41

Nkwate v Molapo (LC/APN 19)

Nkwate v Molapo (LC/APN 19) [2019] LSHC 41 (11 October 2019)

The Land Court of Lesotho set aside a default judgment because no oral evidence was heard in a land dispute, and held review was available without prior rescission.

  • Default-judgment
  • Review-proceedings
  • Joinder-of-parties
  • Land-registration
  • Procedural-irregularity
  • Judicial-review
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Civil-procedure [2016] LSCA 35

Joy to the World v Malefane (C of A (CIV) 9 of 2016)

Joy to the World v Malefane (C of A (CIV) 9 of 2016) [2016] LSCA 35 (28 October 2016)

Court of Appeal set aside one ejectment warrant for lack of authorisation, but upheld the other. It held the appellant’s other challenges were barred by res judicata.

  • Res-judicata
  • Warrants-of-ejectment
  • Joinder-of-parties
  • Right-of-retention
  • Interpretation-of-court-orders
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Civil-procedure [2016] LSCA 15

Kaleme tech & Hire v Metsi A Pula Fleet Management Agency (C of A (CIV) 60 of 2015)

Kaleme tech & Hire v Metsi A Pula Fleet Management Agency (C of A (CIV) 60 of 2015) [2016] LSCA 15 (29 April 2016)

Court of Appeal held an urgent ex parte attachment/removal order had final effect, upheld review, and altered costs because of contempt.

  • Interim-orders
  • Review-proceedings
  • Security-for-costs
  • Jurisdiction
  • Joinder-of-parties
  • Costs-orders
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Civil-procedure [2015] LSHC 5

Lebabo v Pep Stores (Pty) Ltd and Another (CIV/T 201 of 4)

Lebabo v Pep Stores (Pty) Ltd and Another (CIV/T 201 of 4) [2015] LSHC 5 (26 February 2015)

The High Court of Lesotho dealt with joinder of a second defendant after pleadings closed, stressing proper service and authority to act before final determination.

  • Joinder-of-parties
  • Negligence
  • Mandate-of-advocate
  • Service-of-process
  • Civil-procedure
  • Advocate-mandate
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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.