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Lesotho Case Law

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Insolvency [2022] LSHC 138

Louro v Gcp Equipment (Pty) Ltd (CCA/0052/2022)

Louro v Gcp Equipment (Pty) Ltd (CCA/0052/2022) [2022] LSHC 138 (21 October 2022)

The High Court held it had jurisdiction to hear the liquidator’s application, but discharged the interim order for material non-disclosure in the ex parte proceedings.

  • Liquidator's powers
  • Jurisdiction of high court
  • Ex parte applications
  • Material non-disclosure
  • Landlord's tacit hypothec
  • Insolvency
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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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Civil procedure [2022] LSHC 139

Nthulenyane T/a Cheeze General Dealer v Broom of Africa (CCT/0418/2022)

Nthulenyane T/a Cheeze General Dealer v Broom of Africa (CCT/0418/2022) [2022] LSHC 139 (16 September 2022)

The High Court dismissed an urgent application for a temporary interdict, finding no urgency, no prima facie right, and material non-disclosure.

  • Temporary interdict
  • Urgency in applications
  • Material non-disclosure
  • Termination of contract
  • Costs
  • Temporary-interdict
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Civil procedure [2022] LSHC 3

Makeka v Africa Media Holdings (CCA/0085/2021)

Makeka v Africa Media Holdings (CCA/0085/2021) [2022] LSHC 3 (9 February 2022)

The High Court discharged a rule nisi in an ex parte landlord-tenant dispute, finding material non-disclosure, no proven rent arrears, and awarding punitive costs.

  • Ex parte applications
  • Material non-disclosure
  • Tacit hypothec
  • Costs de bonis propriis
  • Attorney and client costs
  • Abuse of court process
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Administrative law [2015] LSHC 4

Khomari v The Right Honourable The Prime Minister and Others (CIV/APN 480 of 2014)

Khomari v The Right Honourable The Prime Minister and Others (CIV/APN 480 of 2014) [2015] LSHC 4 (3 March 2015)

High Court dismissed an urgent civil application seeking to block reinstatement of a principal secretary, finding abuse of process, non-disclosure, and invalid affidavit issues.

  • Urgent applications
  • Material non-disclosure
  • Public officer participation in politics
  • Attorney general's duties
  • Affidavit validity
  • Civil-procedure
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Labour law [2015] LSLC 3

Mohapeloa v Lesotho Electricity Company (Pty) Ltd (LC 88 of 2014)

Mohapeloa v Lesotho Electricity Company (Pty) Ltd (LC 88 of 2014) [2015] LSLC 3 (11 February 2015)

The Labour Court has jurisdiction over the application as it relates to a matter pending before the DDPR and arises from the employment relationship. However, the applicant failed to establish a right to an interdict as his alleged right to occupy the house is contingent on a future declaration by the DDPR. Additionally, the applicant failed to disclose material facts relevant to the claim, which would have influenced the court's decision to grant the interdict.

  • Interdicts
  • Jurisdiction
  • Material non-disclosure
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Insolvency [2014] LSHC 85

Standard Lesotho Bank v Matsoso (CCA 64 of 2013)

Standard Lesotho Bank v Matsoso (CCA 64 of 2013) [2014] LSHC 85 (28 March 2014)

The High Court dismissed a respondent’s preliminary objections in a sequestration petition, holding that the objections lacked merit and the matter should proceed to the merits.

  • Sequestration
  • Locus standi
  • Non-joinder
  • Jurisdiction
  • Material non-disclosure
  • Security for costs
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Land law [2012] LSHC 39

Roma Valley Co-operative Society v Malefane and Others (CIV/T 248 of 2012)

Roma Valley Co-operative Society v Malefane and Others (CIV/T 248 of 2012) [2012] LSHC 39 (2 August 2012)

The High Court dismissed a land-related interdict application for lack of jurisdiction, abuse of process, non-disclosure, and failure to show a clear right.

  • Jurisdiction
  • Abuse of process
  • Interdicts
  • Material non-disclosure
  • Land-law
  • Civil-procedure
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Company law [2012] LSHC 56

Seroma Sandstone production (Pty) Ltd v Kotelo and Others (CIV/APN 601 of 2011)

Seroma Sandstone production (Pty) Ltd v Kotelo and Others (CIV/APN 601 of 2011) [2012] LSHC 56 (29 February 2012)

The High Court dismissed an ex parte interdict over a VAT refund, finding no proper authority, material non-disclosure, and an unsupported fraud allegation.

  • Authority of company officers
  • Ex parte applications
  • Material non-disclosure
  • Costs against company officers
  • Allegations of fraud
  • Ex-parte-applications
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Company law [2010] LSHC 106

Lehlohonolo v LETA Security Guards (Pty) Ltd (CIV/APN 512 of 10)

Lehlohonolo v LETA Security Guards (Pty) Ltd (CIV/APN 512 of 10) [2010] LSHC 106 (10 November 2010)

The High Court of Lesotho dismissed a provisional winding-up application for lack of urgency, non-joinder, material non-disclosure, and no proper locus standi.

  • Winding up of companies
  • Judicial management
  • Locus standi
  • Urgency in applications
  • Joinder of necessary parties
  • Material non-disclosure
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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.