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Lesotho Case Law

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Contract law [2024] LSCA 22

Mathato Lefoka V Barali Estates Properties (PTY) Ltd & Ano. (C of A (CIV) No 24/2024)

Mathato Lefoka V Barali Estates Properties (PTY) Ltd & Ano. (C of A (CIV) No 24/2024) [2024] LSCA 22 (1 November 2024)

The Court of Appeal refused condonation for a late appeal, finding no reasonable prospects of success and striking the appeal off the roll with costs.

  • Condonation
  • Res judicata
  • Motion proceedings
  • Interpretation of contract
  • Peremption
  • Civil-appeals
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Civil procedure [2023] LSHC 141

Ramakoala V Monts'o (CCA/0108/2021)

Ramakoala V Monts'o (CCA/0108/2021) [2023] LSHC 141 (14 September 2023)

The High Court of Lesotho dismissed a civil application because a material dispute of fact about valuation was foreseeable and unsuitable for motion proceedings.

  • Dispute of fact
  • Motion proceedings
  • Dismissal of application
  • Inheritance
  • Contract cancellation
  • Civil-procedure
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Contract law [2022] LSHC 65

Lefoka v Barali Estate (CCA/0144/2019)

Lefoka v Barali Estate (CCA/0144/2019) [2022] LSHC 65 (25 August 2022)

The agreement was valid and enforceable; applicant's claims of mistake, undue influence, and breach were not factually or legally substantiated. Disputes of fact were foreseeable and the applicant's conditional prayer for referral to trial was procedurally improper, warranting dismissal of the application.

  • Cancellation of contract
  • Breach of contract
  • Undue influence
  • Mistake in contract
  • Motion proceedings
  • Foreseeability of disputes of fact
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Contract law [2022] LSHC 99

Khasane v Khasane (CIV/APN/396/2022)

Khasane v Khasane (CIV/APN/396/2022) [2022] LSHC 99 (22 August 2022)

The High Court of Lesotho dismissed an application seeking payment of a deceased employee’s benefits, holding that the alleged nomination form was not proved.

  • Stipulatio alteri
  • Third party beneficiary
  • Nomination of beneficiaries
  • Motion proceedings
  • Evidence in applications
  • Contract-law
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Civil procedure [2021] LSHC 38

Ntene v Freestate Management Trading Entity (CIV/APN 38 of 2019)

Ntene v Freestate Management Trading Entity (CIV/APN 38 of 2019) [2021] LSHC 38 (22 April 2021)

The appeal was dismissed because the respondent failed to provide any satisfactory documentary proof of lawful ownership or possession as required by s.14(3) of the Motor Vehicle Theft Act. The evidence of the applicant, supported by expert and police affidavits, was overwhelming and unchallenged. The magistrate was correct to resolve the matter on affidavits, as viva voce evidence would not have disturbed the balance of probabilities. Affidavits sworn in South Africa were admissible without further authentication, and computer-generated evidence was properly admitted under the presumption of…

  • Motion proceedings
  • Dispute of fact
  • Admissibility of affidavits
  • Authentication of foreign documents
  • Computer-generated evidence
  • Ownership of motor vehicles
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Civil procedure [2019] LSHC 51

YU Quang v Hata-Butle (Pty)Ltd (CIV/APN 131 of 19)

YU Quang v Hata-Butle (Pty)Ltd (CIV/APN 131 of 19) [2019] LSHC 51 (5 August 2019)

The High Court dismissed a spoliation application after finding the applicant had not proved possession and was effectively trying to enforce contractual rights.

  • Mandament van spolie
  • Possession
  • Spoliation
  • Contractual rights
  • Jurisdiction
  • Motion proceedings
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Family law [2019] LSCA 8

Mofomane v Mofomane (C of A (CIV) 44 of 2018)

Mofomane v Mofomane (C of A (CIV) 44 of 2018) [2019] LSCA 8 (31 May 2019)

The Court of Appeal allowed an appeal over burial rights, holding that a disputed customary marriage could not be determined on affidavit evidence alone.

  • Burial rights
  • Customary marriage
  • Succession
  • Motion proceedings
  • Viva voce evidence
  • Functus officio
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Labour law [2015] LSLC 15

Ever Successful Textile (Pty) Ltd v Tajane and Another (A 413 of 2013)

Ever Successful Textile (Pty) Ltd v Tajane and Another (A 413 of 2013) [2015] LSLC 15 (11 February 2015)

Applicant failed to plead sufficient facts to support review grounds, the arbitrator considered all relevant evidence, and no procedural or substantive error justifying review was established.

  • Review of arbitration award
  • Unfair dismissal
  • Costs
  • Motion proceedings
  • Unreasonableness as review ground
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Civil procedure [2014] LSCA 36

Hoohlo v Hoohlo and Others (C of A (CIV) 11 of 2014)

Hoohlo v Hoohlo and Others (C of A (CIV) 11 of 2014) [2014] LSCA 36 (24 October 2014)

The Court of Appeal of Lesotho dismissed applications to condone late filing and reinstate a lapsed appeal, finding the explanation inadequate and prospects remote.

  • Condonation
  • Reinstatement of appeal
  • Lapsed appeal
  • Motion proceedings
  • Title to land
  • Reinstatement-of-appeal
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Contract law [2012] LSCA 29

Makhethe Cleaning Services (Pty) Ltd v National University of Lesotho (C of A (CIV) 62 of 2011)

Makhethe Cleaning Services (Pty) Ltd v National University of Lesotho (C of A (CIV) 62 of 2011) [2012] LSCA 29 (27 April 2012)

The Court of Appeal held that a genuine dispute of fact in motion proceedings should have been sent to trial, and allowed the appeal with costs.

  • Exclusive service contracts
  • Dispute of fact
  • Referral to trial
  • Motion proceedings
  • Oral evidence
  • Civil-procedure
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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.