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Lesotho Case Law

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Constitutional law [2025] LSCA 59

Basotho Convention Movement & Ano. V The Commissioner of Police & 17 Others (C of A (CIV) No.32/2025)

Basotho Convention Movement & Ano. V The Commissioner of Police & 17 Others (C of A (CIV) No.32/2025) [2025] LSCA 59 (7 November 2025)

Lesotho Court of Appeal held it lacked jurisdiction over foreign states and the UN, but faulted the High Court for not addressing domestic authorities.

  • Jurisdiction
  • Sovereign immunity
  • Interdicts
  • Personal liberty
  • Separation of powers
  • Sovereign-immunity
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Civil procedure [2025] LSCA 69

Eminence Electro Mechanical & Construction (PTY) LTD V Mafeteng District Council & 2 Others (C of A (CIV) 45/2025)

Eminence Electro Mechanical & Construction (PTY) LTD V Mafeteng District Council & 2 Others (C of A (CIV) 45/2025) [2025] LSCA 69 (7 November 2025)

The Court of Appeal held that a ruling striking an urgent application off the roll for lack of urgency was interlocutory, so leave to appeal was required. The appeal was struck off the roll.

  • Interlocutory orders
  • Leave to appeal
  • Jurisdiction
  • Urgency
  • Interlocutory-orders
  • Leave-to-appeal
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Civil procedure [2025] LSCA 68

First National Bank of Lesotho VBokang Mohajane & Ano. (C of A (CIV) No.67.2022)

First National Bank of Lesotho VBokang Mohajane & Ano. (C of A (CIV) No.67.2022) [2025] LSCA 68 (7 November 2025)

The Court of Appeal held that an appeal lapsed automatically under Rule 5(3) after no record was lodged within time and no extension was obtained.

  • Failure to prosecute appeal
  • Lapse of appeal
  • Court jurisdiction
  • Procedural rules
  • Appellate-procedure
  • Failure-to-prosecute
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Revenue law [2025] LSCA 67

Revenue Services Lesotho & Ano. V Liqhobong Mining Development & Ano. (C of A (CIV) No.43/2025)

Revenue Services Lesotho & Ano. V Liqhobong Mining Development & Ano. (C of A (CIV) No.43/2025) [2025] LSCA 67 (7 November 2025)

The Court of Appeal held that the High Court lacked jurisdiction to suspend tax payment pending RAT processes; jurisdiction was deferred, not ousted.

  • Jurisdiction
  • Specialised tribunal
  • Tax assessment
  • Interim interdict
  • Rat act
  • Income tax act
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Administrative law [2025] LSCA 55

Tsotang Seatile & 61 Others V Minister of Justice and Law & 3 Others (C of A (CIV) No. 24/2025)

Tsotang Seatile & 61 Others V Minister of Justice and Law & 3 Others (C of A (CIV) No. 24/2025) [2025] LSCA 55 (7 November 2025)

The Court of Appeal held that court presidents had no proven legitimate expectation to higher grades and dismissed the appeal, also noting the High Court lacked jurisdiction.

  • Legitimate expectation
  • Job evaluation and grading
  • Jurisdiction
  • Procedural fairness
  • Legitimate-expectation
  • Job-evaluation
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Constitutional law [2025] LSCA 50

Realeboha Nkuatsana & Ano. V Minister of Justice, Law and Parliamentary Affairs & 2 Others (C of A (CIV) No 19/2025)

Realeboha Nkuatsana & Ano. V Minister of Justice, Law and Parliamentary Affairs & 2 Others (C of A (CIV) No 19/2025) [2025] LSCA 50 (7 November 2025)

The High Court lacked jurisdiction to entertain the application under its ordinary civil jurisdiction because the claim was a constitutional complaint requiring compliance with section 22 of the Constitution and the Constitutional Litigation Rules. The proceedings were a nullity and must commence de novo before the Constitutional Division of the High Court.

  • Jurisdiction
  • Enforcement of fundamental rights
  • Procedure under section 22 of the constitution
  • Constitutional litigation rules
  • Bifurcation of proceedings
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Civil procedure [2025] LSCA 66

Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025)

Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025) [2025] LSCA 66 (7 November 2025)

The Court of Appeal upheld an urgent order placing a disputed vehicle in police custody pending appeal, holding that ABSA showed prima facie ownership and risk of dissipation.

  • Urgent applications
  • Interim custody of disputed property
  • Ownership and possession
  • Rei vindicatio
  • Spoliation
  • Suspension of execution pending appeal
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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)

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.

  • 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)

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)

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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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.