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Civil procedure [2025] LSHC 198

Sentso Kelumetse Ramochela ( In his capacity as the duly appointed Executor of the Estate of Late Robert Molapo) V NEDBANK Lesotho Limited (CCT/0043/2024)

Sentso Kelumetse Ramochela ( In his capacity as the duly appointed Executor of the Estate of Late Robert Molapo) V NEDBANK Lesotho Limited (CCT/0043/2024) [2025] LSHC 198 (14 August 2025)

Court
High Court
Case number
CCT/0043/2024

Non-joinder of the Master of the High Court and non-compliance with Rule 75 of the High Court Civil Litigation Rules 2024 are fatal procedural defects, warranting dismissal of the action regardless of the executor's substantive right to sue.

Source excerpt

  • Locus standi
  • Non-joinder
  • Executor powers
  • High court civil litigation rules
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Banking law [2024] LSHC 250

First National Bank of Lesotho V Khafo Pitsi (CCT/0228/2024)

First National Bank of Lesotho V Khafo Pitsi (CCT/0228/2024) [2024] LSHC 250 (11 November 2024)

Court
High Court
Case number
CCT/0228/2024

The High Court dismissed a summary judgment application over a home loan, finding the defendant raised a bona fide defence and that pre-enforcement notice was not shown.

  • Summary judgment
  • Certificate of indebtedness
  • Pre-enforcement notice
  • Non-joinder
  • Mortgage enforcement
  • Summary-judgment
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Administrative law [2024] LSHC 119

Lesotho College of Education Staff Union V The Governing Council-Lesotho College of Education & 4 Others (CIV/APN/0175/2024)

Lesotho College of Education Staff Union V The Governing Council-Lesotho College of Education & 4 Others (CIV/APN/0175/2024) [2024] LSHC 119 (23 July 2024)

Court
High Court
Case number
CIV/APN/0175/2024

The High Court of Lesotho dismissed a staff union’s application over the Rector recruitment process, finding the applicant lacked locus standi to seek the reliefs.

  • Locus standi
  • Interdicts
  • Non-joinder
  • Urgency in applications
  • Locus-standi
  • Urgent-applications
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Civil procedure [2023] LSHC 127

Moroesi Tau-Thabane V 'Malisema Ramashamole & 2 Others (CIV/A/0007/2022)

Moroesi Tau-Thabane V 'Malisema Ramashamole & 2 Others (CIV/A/0007/2022) [2023] LSHC 127 (29 September 2023)

Court
High Court
Case number
CIV/A/0007/2022

The Magistrate Court erred in holding it lacked jurisdiction as the relief sought was a prohibitory interdict, not dependent on the value of the estate or renovations. The onus to prove lack of jurisdiction was not discharged by the first respondent. The court a quo further erred in upholding non-joinder as the testamentary executors had no direct and substantial interest without letters of administration. It was also wrong for the court to grant relief not sought and to proceed after finding it lacked jurisdiction.

Source excerpt

  • Jurisdiction
  • Non-joinder
  • Interdicts
  • Estate administration
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Administrative law [2023] LSHC 257

Mathabo Lephoto V PS- Office of the Prime Minister & 4 Others (CIV/APN/0219/2022)

Mathabo Lephoto V PS- Office of the Prime Minister & 4 Others (CIV/APN/0219/2022) [2023] LSHC 257 (2 August 2023)

Court
High Court
Case number
CIV/APN/0219/2022

The withdrawal of concurrence by the 2nd respondent was a preliminary step in a multi-staged decision and did not have a direct legal effect on the applicant’s rights; thus, it was not reviewable. There was no legal obligation for the applicant to be heard at that stage, nor was there a proven failure to give reasons for a final decision. The applicant failed to establish a clear legal right to the transfer or the absence of an alternative remedy, precluding the grant of a mandamus.

Source excerpt

  • Judicial review
  • Procedural fairness
  • Mandamus
  • Non-joinder
  • Audi alteram partem
  • Failure to give reasons
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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)

Court
High Court
Case number
CCA/0008/2023

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)

Court
High Court
Case number
CCT/0468/2021

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.

Source excerpt

  • Exception
  • Non-joinder
  • Misjoinder
  • Pleadings
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Civil procedure [2022] LSCA 46

Ntoampe v Mosa Paul Mosuoe, Executor (C of A (CIV) 34/2022)

Ntoampe v Mosa Paul Mosuoe, Executor (C of A (CIV) 34/2022) [2022] LSCA 46 (11 November 2022)

Court
Court of Appeal
Case number
C of A (CIV) 34/2022

The Court of Appeal dismissed an estate appeal, holding that failure to join close family members with a direct interest made the application fatally defective.

  • Non-joinder
  • Appointment of executor
  • Customary law vs civil law in succession
  • Executor-appointment
  • Succession-law
  • Civil-procedure
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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)

Court
High Court
Case number
CCA/0095/2020

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.

Source excerpt

  • Non-joinder
  • Misjoinder
  • Lis pendens
  • Dispute of fact
  • Material non-disclosure
  • Locus standi
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Civil procedure [2022] LSCA 6

Mafeteng Property Group (Pty) Ltd v Radiopelo Maphathe (C of A No.12/2021)

Mafeteng Property Group (Pty) Ltd v Radiopelo Maphathe (C of A No.12/2021) [2022] LSCA 6 (13 May 2022)

Court
Court of Appeal
Case number
C of A No.12/2021

The applicant established reasonable prospects of success that the High Court's interlocutory order was made in breach of res judicata, without joining a necessary party, and without compliance with Rule 8(19); thus, leave to appeal must be granted.

Source excerpt

  • Leave to appeal
  • Interlocutory orders
  • Res judicata
  • Non-joinder
  • Compliance with court rules
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About this LexChat collection

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.

Source links and collection timestamps are retained alongside the indexed records.