Lesotho Case Law

Puma Energy Lesotho (Pty) Ltd v Sehlabo (CCA/0092/2021)

Puma Energy Lesotho (Pty) Ltd v Sehlabo (CCA/0092/2021) [2022] LSHC 116 (20 September 2022)

Court

High Court

Case number

CCA/0092/2021

The parties entered into and acted upon an oral agency agreement from 1 July 2019, as evidenced by their conduct and the terms implemented. The respondents' denials were not bona fide or supported by positive evidence. The applicants established a clear right to possession, suffered injury by dispossession, and had no adequate alternative remedy. The respondents' resort to self-help was unlawful, justifying the grant of a final interdict restoring possession and restraining further interference.

Source excerpt

• Agency agreement
• Interdicts
• Self-help
• Possession
• Oral contracts

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Swanepoel v Ramphahama (CCA/0075/2021)

Swanepoel v Ramphahama (CCA/0075/2021) [2022] LSHC 36 (9 June 2022)

Court

High Court

Case number

CCA/0075/2021

High Court of Lesotho granted a spoliation application, confirmed the rule nisi, and ordered restoration of possession with costs.

• Spoliation
• Jurisdiction
• Urgency
• Possession
• Civil-procedure

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Lesotho Development & Construction Company (Pty) Ltd v Lesotho Poultry Cooperative Society (C of A (CIV) 59 of 2019)

Lesotho Development & Construction Company (Pty) Ltd v Lesotho Poultry Cooperative Society (C of A (CIV) 59 of 2019) [2020] LSCA 9 (29 May 2020)

Court

Court of Appeal

Case number

C of A (CIV) 59 of 2019

The Court of Appeal upheld an interim order directing rental payments into trust pending trial over compensation for improvements and a disputed lien on property.

• Lien
• Compensation for improvements
• Possession
• Interim orders
• Appellate review of discretion
• Compensation-for-improvements

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Khabo and Another v Khabo and Another (CIV/APN 475 of 2017)

Khabo and Another v Khabo and Another (CIV/APN 475 of 2017) [2019] LSHC 9 (10 October 2019)

Court

High Court

Case number

CIV/APN 475 of 2017

High Court of Lesotho spoliation application dismissed after a factual dispute over whether the applicant remained in possession of the property at the time of eviction.

• Mandament van spolie
• Possession
• Eviction
• Burden of proof
• Mandament-van-spolie
• Burden-of-proof

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Khabo v Khabo (CIV/APN 475 of 17)

Khabo v Khabo (CIV/APN 475 of 17) [2019] LSHC 47 (10 October 2019)

Court

High Court

Case number

CIV/APN 475 of 17

The High Court of Lesotho dismissed a spoliation application after finding a material dispute of fact on possession and applying the Plascon-Evans rule.

• Mandament van spolie
• Possession
• Eviction
• Burden of proof
• Mandament-van-spolie
• Motion-proceedings

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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)

Court

High Court

Case number

CIV/APN 131 of 19

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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Abubaker v Magistrate Quthing (C of A (CIV) 19 of 2015)

Abubaker v Magistrate Quthing (C of A (CIV) 19 of 2015) [2016] LSCA 5 (29 April 2016)

Court

Court of Appeal

Case number

C of A (CIV) 19 of 2015

Execution of the ejectment order was suspended by the noting of appeal and any purported execution during suspension was a nullity; rescission application does not suspend order unless court directs; execution against a party not named in the order is invalid.

Source excerpt

• Execution of judgments
• Appeals
• Rescission
• Joinder
• Possession

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Phooko v J & M Properties (Pty) Ltd (CCA 43 of 2013)

Phooko v J & M Properties (Pty) Ltd (CCA 43 of 2013) [2015] LSHC 29 (29 July 2015)

Court

High Court

Case number

CCA 43 of 2013

The High Court of Lesotho dismissed a spoliation application after finding the applicant had not proved prior peaceful and undisturbed possession of the plot.

• Spoliation
• Possession
• Interdicts
• Ex parte procedure
• Civil-procedure
• Property-law

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Mbangamthi v Sesing-Mbangamthi (C of A (CIV) 6 of 5)

Mbangamthi v Sesing-Mbangamthi (C of A (CIV) 6 of 5) [2005] LSCA 17 (20 October 2005)

Court

Court of Appeal

Case number

C of A (CIV) 6 of 5

The High Court erred by failing to confirm or discharge the rule nisi and by granting relief not sought or supported by evidence. The respondent, as landlord, had sufficient possession to warrant spoliatory relief and was unlawfully dispossessed by the appellant. The rule nisi should be confirmed against the appellant and discharged against other respondents. The counter-application was incompetent in spoliation proceedings.

Source excerpt

• Spoliation
• Mandament van spolie
• Possession
• Landlord and tenant
• Court practice and procedure

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Abubaker v Monki (CIV/APN 222 of 98)

Abubaker v Monki (CIV/APN 222 of 98) [1998] LSCA 65 (30 June 1998)

Court

Court of Appeal

Case number

CIV/APN 222 of 98

The court refused a final interdict over a disputed site sale, finding unresolved issues of fact about possession and compliance with the deed and converting the matter to trial.

• Interdicts
• Sale of land
• Possession
• Dispute of fact
• Conversion to trial
• Dispute-of-fact

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