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Lesotho Case Law

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Contract law [2018] LSHC 25

Ntoane v Bereng (CIV/T 132 of 10)

Ntoane v Bereng (CIV/T 132 of 10) [2018] LSHC 25 (8 May 2018)

The High Court of Lesotho dismissed a tractor-related claim, finding the plaintiff had voluntarily supplied a substitute tractor and was unjustly enriched.

  • Sale of goods
  • Misrepresentation
  • Spoliation
  • Damages
  • Contract-law
  • Sale-of-goods
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Labour law [2014] LSLC 8

Tsiu Mosala and Others v Director - Department of Rural Water Supply and Others (LC 77 of 2013)

Tsiu Mosala and Others v Director - Department of Rural Water Supply and Others (LC 77 of 2013) [2014] LSLC 8 (13 February 2014)

The Labour Court dismissed applicants’ challenge to new employment contracts, finding no duress or misrepresentation and refusing rescission and salary-difference relief.

  • Duress in employment contracts
  • Misrepresentation
  • Rescission of contract
  • Unilateral variation of contract
  • Terminal benefits
  • Duress-in-employment-contracts
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Labour law [2011] LSLC 1

Selebalo v Starllion Security (LC 15 of 10)

Selebalo v Starllion Security (LC 15 of 10) [2011] LSLC 1 (25 August 2011)

The retrenchment was substantively unfair as it was based on deliberate misrepresentation by the respondent that Letseng Diamond Mine demanded the applicant's removal, when in fact no such demand was made. The settlement agreement regarding retrenchment was invalid due to this misrepresentation. The offer of alternative employment at a reduced salary was unilateral and not the result of proper consultation, thus the applicant was justified in refusing it.

  • Unfair retrenchment
  • Misrepresentation
  • Employment contract
  • Consultation in retrenchment
  • Compensation for unfair dismissal
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Criminal law [2008] LSCA 28

R v City Centre Maseru Travel Agency (Pty) Ltd (C of A (CRI) 13 of 2007)

R v City Centre Maseru Travel Agency (Pty) Ltd (C of A (CRI) 13 of 2007) [2008] LSCA 28 (17 October 2008)

The Court of Appeal of Lesotho set aside a fraud conviction, holding the Crown had not proved beyond reasonable doubt an intent to defraud.

  • Fraud
  • Misrepresentation
  • Withholding tax
  • Intent to defraud
  • Evidentiary assessment
  • Criminal-appeal
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Criminal law [1980] LSHC 17

R v Forrester (CRI/A 68 of 79)

R v Forrester (CRI/A 68 of 79) [1980] LSHC 17 (13 March 1980)

The High Court of Lesotho upheld a fraud conviction where a senior employee inserted false job numbers on work documents and exposed the employer to potential prejudice.

  • Fraud
  • Misrepresentation
  • Intent to defraud
  • Potential prejudice
  • Intent-to-defraud
  • Potential-prejudice
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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.