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Lesotho Case Law

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Civil procedure [2022] LSCA 14

Swazi Empayer v Mojapela-majoro (C of A No. 46/2021)

Swazi Empayer v Mojapela-majoro (C of A No. 46/2021) [2022] LSCA 14 (13 May 2022)

The Court of Appeal dismissed an appeal against summary judgment, holding the claim was for a liquidated amount in money under a written contract and there was no bona fide defence.

  • Summary judgment
  • Liquidated claims
  • Rescission of judgment
  • Summary-judgment
  • Liquidated-claims
  • Civil-procedure
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Banking law [2010] LSHC 1

Standard Lesotho Bank Ltd v Rachabane and Another (CCT 15 of 10)

Standard Lesotho Bank Ltd v Rachabane and Another (CCT 15 of 10) [2010] LSHC 1 (18 May 2010)

The High Court granted summary judgment to a bank on a defaulted mortgage loan, holding the debt was liquidated and the mortgaged property specially executable.

  • Mortgage enforcement
  • Summary judgment
  • Liquidated claims
  • Execution of property
  • Summary-judgment
  • Mortgage-enforcement
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Banking law [2000] LSCA 83

Nedbank (Lesotho) Limited v Sotho Development Corporation (Pty) Ltd (CIV/T 450 of 99)

Nedbank (Lesotho) Limited v Sotho Development Corporation (Pty) Ltd (CIV/T 450 of 99) [2000] LSCA 83 (23 May 2000)

High Court summary judgment was granted to Nedbank on an unpaid overdraft, with the defendant’s technical objections to affidavit, locus standi, and security rejected.

  • Overdraft facilities
  • Summary judgment
  • Locus standi
  • Liquidated claims
  • Mortgage security
  • Summary-judgment
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Insolvency [1995] LSCA 139

Moosa v Khan (CIV/APN 118 of 92)

Moosa v Khan (CIV/APN 118 of 92) [1995] LSCA 139 (19 September 1995)

Although the respondent committed an act of insolvency by failing to satisfy the judgment and a valid nulla bona return was made, the applicant failed to prove that sequestration would be to the bona fide advantage of creditors, especially as he appeared to be the only creditor.

  • Sequestration of estate
  • Acts of insolvency
  • Liquidated claims
  • Advantage of creditors
  • Nulla bona return
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Civil procedure [1995] LSCA 68

Motsoene and Others v Ndaba (CIV/T 101 of 95)

Motsoene and Others v Ndaba (CIV/T 101 of 95) [1995] LSCA 68 (18 April 1995)

Summary judgment is refused due to doubts arising from insufficient particularity in Plaintiffs' claim and the extraordinary nature of the remedy, which requires strict compliance and clarity; leave to defend is granted.

  • Summary judgment
  • Liquidated claims
  • Pleadings requirements
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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.