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Lesotho Case Law

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Civil procedure [2025] LSCA 62

Lesotho Police Staff Association V Tanki Ratsiu & 5 Others (C of A (CIV) No.38/2025)

Lesotho Police Staff Association V Tanki Ratsiu & 5 Others (C of A (CIV) No.38/2025) [2025] LSCA 62 (7 November 2025)

The Court of Appeal set aside punitive costs against the appellant, holding it had been improperly joined and was not heard before the adverse order.

  • Punitive costs
  • Misjoinder
  • Audi alteram partem
  • Judicial discretion
  • Appellate review
  • Punitive-costs
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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 [2022] LSHC 165

Lemeke v Sefali (CCT/0468/2021)

Lemeke v Sefali (CCT/0468/2021) [2022] LSHC 165 (30 November 2022)

The defendants' exception based on non-joinder and misjoinder does not fall within the ambit of rule 29(1)(a) because the alleged defects do not appear ex facie the pleadings and would require introduction of new evidence; such defences should be raised by special plea, not exception.

  • Exception
  • Non-joinder
  • Misjoinder
  • Pleadings
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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 [2020] LSCA 30

Thotanyane v Motsamai (C of A (CIV) 62 of 2019)

Thotanyane v Motsamai (C of A (CIV) 62 of 2019) [2020] LSCA 30 (30 October 2020)

The Court of Appeal held that the appellant was wrongly joined personally, but upheld refusal to join the respondent’s sister. The company could be added only if the respondent chose.

  • Joinder and non-joinder of parties
  • Separate legal personality
  • Locus standi
  • Corporate veil
  • Land transfer
  • Joinder-and-non-joinder
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Company law [2020] LSHC 25

Friedland v Mosotho (CCA 63 of 20)

Friedland v Mosotho (CCA 63 of 20) [2020] LSHC 25 (15 October 2020)

The Final Order was rescinded because it was granted in the absence of parties with direct and substantial interest, specifically applicants whose contractual rights under Shareholders and Management Agreements were prejudiced, and Dr Smith was found to be a de facto director entitled to participate.

  • Rescission of judgment
  • Locus standi
  • Directorship
  • Misjoinder
  • Shareholders agreement
  • Management agreement
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Labour law [2013] LSLC 38

Shahid Hassam and Others v Legal Voice (Pty) Ltd (LC 7 of 13)

Shahid Hassam and Others v Legal Voice (Pty) Ltd (LC 7 of 13) [2013] LSLC 38 (23 September 2013)

The Labour Court of Lesotho held that the first applicant was misjoined because his retrenchment claim and unpaid monies claims were distinct and independent.

  • Unfair dismissal
  • Retrenchment
  • Misjoinder
  • Jurisdiction
  • Unlawful deductions
  • Unpaid leave
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Land law [2012] LSHC 85

Likotsi Civic Association and Others v The Minister of Local Government and Others (LCC 6 of 2012)

Likotsi Civic Association and Others v The Minister of Local Government and Others (LCC 6 of 2012) [2012] LSHC 85 (30 November 2012)

Land Court ruling dismissing an originating application as prescribed, with misjoinder and lack of locus standi found against several applicants.

  • Prescription
  • Locus standi
  • Misjoinder
  • Selected development area
  • Societies registration
  • Land-law
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Civil procedure [2011] LSHC 119

Bervely Ann Cerfonteyn v Teboho Tsoeu and Others (CIV/APN 520 of 9)

Bervely Ann Cerfonteyn v Teboho Tsoeu and Others (CIV/APN 520 of 9) [2011] LSHC 119 (25 February 2011)

The High Court of Lesotho granted a contempt application, finding the 1st respondent wilfully disobeyed an order to deliver a vehicle for safe-keeping.

  • Wilful disobedience of court order
  • Locus standi
  • Non-compliance with court rules
  • Misjoinder
  • Contempt-of-court
  • Civil-procedure
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Sports law [2001] LSCA 106

Ambassadors FC & Another v Lesotho Footaball Association & Others (CIV/APN/ 395 of 1)

Ambassadors FC & Another v Lesotho Footaball Association & Others (CIV/APN/ 395 of 1) [2001] LSCA 106 (19 November 2001)

The court dismissed an urgent application to stop automatic football promotion, finding misjoinder and that the applicants were bound by their prior support for the rule.

  • Interdicts
  • Misjoinder
  • Ultra vires
  • Promotion and relegation in sports leagues
  • Sports-law
  • Football-governance
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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.