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Lesotho Case Law

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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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Civil procedure [2023] LSHC 24

Tholo Energy (Pty) Ltd v Tlelai (CCA/0008/2023)

Tholo Energy (Pty) Ltd v Tlelai (CCA/0008/2023) [2023] LSHC 24 (4 May 2023)

Urgent interdict application granted after the respondent interfered with a subleased filling station and raised only points of law without an answering affidavit.

  • Urgent applications
  • Interdicts
  • Jurisdiction
  • Self-help
  • Lis pendens
  • Non-joinder
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Civil procedure [2023] LSHC 4

Hata Butle (Pty) Ltd v Khoete (CCA/0022/2017)

Hata Butle (Pty) Ltd v Khoete (CCA/0022/2017) [2023] LSHC 4 (7 March 2023)

Contempt was proven against 1st, 2nd, 3rd, and 7th Respondents. 1st Respondent was party to and aware of the order; 2nd and 3rd Respondents acted under his authority by entering into sublease agreements in violation of the order. 7th Respondent was notified but did not comply. No evidence against 4th to 6th Respondents. Misjoinder, lis pendens, and non-joinder arguments failed. Dispute of fact was not material to the contempt issue.

  • Contempt of court
  • Interdicts
  • Agency
  • Joinder and non-joinder
  • Lis pendens
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Civil procedure [2022] LSHC 140

Proaid Holdings Lesotho (Pty) Ltd v Alimela Thuto Financials Ltd (CCA/0095/2020)

Proaid Holdings Lesotho (Pty) Ltd v Alimela Thuto Financials Ltd (CCA/0095/2020) [2022] LSHC 140 (29 September 2022)

The Central Bank of Lesotho is a necessary party due to its statutory supervisory role and direct interest in shareholding changes. There is no genuine dispute of fact preventing determination on papers. However, the existence of a pending related matter (CCT/0209/20) between the same parties on the same issues (lis pendens) requires dismissal of the application to avoid conflicting judgments and multiplicity of litigation.

  • Non-joinder
  • Misjoinder
  • Lis pendens
  • Dispute of fact
  • Material non-disclosure
  • Locus standi
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Administrative law [2022] LSHC 152

Dlamini v Commissioner of Police (CIV/APN/0170/2022)

Dlamini v Commissioner of Police (CIV/APN/0170/2022) [2022] LSHC 152 (29 June 2022)

The High Court of Lesotho held that the applicants’ termination as police recruits was unlawful because it violated a subsisting court order suspending the process.

  • Judicial review
  • Compliance with court orders
  • Employment termination
  • Police recruitment
  • Lis pendens
  • Costs
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Civil procedure [2022] LSHC 78

Mabitle v P.E.G (Pty) Ltd (LC/APN/36/2020)

Mabitle v P.E.G (Pty) Ltd (LC/APN/36/2020) [2022] LSHC 78 (3 March 2022)

The court found that the present and prior actions are between the same parties or their successors, concern the same subject matter (plots 425 and 426), and are based on the same cause of action—fraudulent acquisition of title. The reliefs sought in both actions flow from the same main issue. Therefore, the plea of lis pendens is validly raised and the present proceedings must be stayed pending determination of the prior suit.

  • Lis pendens
  • Jurisdiction
  • Inheritance and succession
  • Fraudulent transfer of land
  • Cancellation of deeds of transfer
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Civil procedure [2020] LSCA 29

Khoali v His Worship Mr Selebeleng (C of A (CIV) 23 of 2020)

Khoali v His Worship Mr Selebeleng (C of A (CIV) 23 of 2020) [2020] LSCA 29 (30 October 2020)

The Court of Appeal set aside a High Court dismissal based on lis pendens, held jurisdiction also had to be considered, and remitted the matter.

  • Lis pendens
  • Jurisdiction
  • Interdicts
  • Review of magistrate's orders
  • Costs
  • Lis-pendens
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Land law [2015] LSCA 4

Bushman v Lesotho Development and Construction (Pty) Ltd and Others (C of A (CIV) 3 of 2015)

Bushman v Lesotho Development and Construction (Pty) Ltd and Others (C of A (CIV) 3 of 2015) [2015] LSCA 4 (7 August 2015)

The Court of Appeal set aside a Land Court order that summarily upheld prescription and lis pendens, remitting the dispute for hearing in accordance with the rules.

  • Prescription
  • Lis pendens
  • Preliminary objections
  • Remittal
  • Land disputes
  • Lis-pendens
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Civil procedure [2015] LSHC 15

First National Bank Lesotho v Thotanyana and Another (CCT 173 of 2013)

First National Bank Lesotho v Thotanyana and Another (CCT 173 of 2013) [2015] LSHC 15 (25 February 2015)

The High Court dismissed a special plea, holding that only non-joinder and lis pendens qualified. It ordered the defendants to file their plea within 14 days.

  • Special plea
  • Suretyship
  • Non-joinder
  • Lis pendens
  • Civil-procedure
  • Special-plea
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Labour law [2015] LSLC 10

Mokau v Liqhobong Mining Development (Pty) Ltd and Others (LC/REV 44 of 2013)

Mokau v Liqhobong Mining Development (Pty) Ltd and Others (LC/REV 44 of 2013) [2015] LSLC 10 (11 February 2015)

The Labour Court of Lesotho refused a review of an arbitration award, finding no estoppel, no ultra vires conduct, and no lis pendens.

  • Review of arbitration award
  • Estoppel
  • Ultra vires
  • Lis pendens
  • Dismissal for want of prosecution
  • Labour-law
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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.