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Lesotho Case Law

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Civil procedure [2022] LSCA 47

Min Zhu Enterprise v Ovk Beddyf Bpk (C of A (CIV) 33/2022)

Min Zhu Enterprise v Ovk Beddyf Bpk (C of A (CIV) 33/2022) [2022] LSCA 47 (11 November 2022)

The Court of Appeal of Lesotho set aside a High Court judgment in a debt-recovery case, holding that procedural unfairness and refusal of a postponement denied a fair trial.

  • Amendment of pleadings
  • Postponement of proceedings
  • Fair hearing
  • Suretyship
  • Recovery of debt
  • Civil-procedure
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Commercial law [2022] LSHC 63

Ovk Bedryf Bpk v Min Zhu Enterprises (Pty) Ltd (CCT/0378/2015)

Ovk Bedryf Bpk v Min Zhu Enterprises (Pty) Ltd (CCT/0378/2015) [2022] LSHC 63 (18 August 2022)

Commercial debt-recovery claim over goods sold and delivered. The court held the defendants bore the burden on their payment defence and granted judgment for the plaintiff.

  • Debt recovery
  • Suretyship
  • Jurisdiction
  • Postponement of proceedings
  • Burden of proof
  • Debt-recovery
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Commercial law [2015] LSHC 32

Thotanyana Mining and Civil Works (Pty) Ltd v Master of the High Court and Others (CCT 26 of 14)

Thotanyana Mining and Civil Works (Pty) Ltd v Master of the High Court and Others (CCT 26 of 14) [2015] LSHC 32 (16 June 2015)

The High Court of Lesotho refused a postponement and directed that the related commercial applications be heard together in one sitting.

  • Judicial management
  • Liquidation
  • Postponement of proceedings
  • Postponement-of-proceedings
  • Judicial-management
  • Commercial-law
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Land law [2015] LSHC 31

Malapane v Mohale and Others (LC/APN 2013)

Malapane v Mohale and Others (LC/APN 2013) [2015] LSHC 31 (2 March 2015)

The High Court’s Land Court Division held that the second respondent had failed to prosecute her defence after missing court, and allowed the applicant to proceed under Rule 55(2).

  • Declaratory orders
  • Ejectment
  • Failure to attend court
  • Postponement of proceedings
  • Land-court-procedure
  • Failure-to-attend-court
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Land law [2015] LSHC 20

Malapane v Mohale and Others (LC/APN 97 of 2013)

Malapane v Mohale and Others (LC/APN 97 of 2013) [2015] LSHC 20 (2 March 2015)

The High Court’s Land Court Division allowed the applicant to proceed because the second respondent failed to attend and prosecute her defence without justification.

  • Declaratory orders
  • Ejectment
  • Failure to attend court
  • Postponement of proceedings
  • Land-law
  • Civil-procedure
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Labour law [2014] LSLC 11

St. James ACL High School and Another v Thato Mokhobo Moeletsi and Another (LC/REV 101 of 12)

St. James ACL High School and Another v Thato Mokhobo Moeletsi and Another (LC/REV 101 of 12) [2014] LSLC 11 (14 February 2014)

The Labour Court of Lesotho reviewed and corrected an arbitration award after finding that refusal of a postponement and ignored evidence caused a grave procedural irregularity.

  • Review of arbitration award
  • Right to fair trial
  • Postponement of proceedings
  • Procedural irregularity
  • Labour-law
  • Arbitration-review
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Labour law [2013] LSLC 83

Eclat Evergood textile Manufactures (Pty) Ltd v Lefu Molefi and Others (LC/REV 99 of 2012)

Eclat Evergood textile Manufactures (Pty) Ltd v Lefu Molefi and Others (LC/REV 99 of 2012) [2013] LSLC 83 (14 October 2013)

The Labour Court of Lesotho refused a postponement and dismissed a review for want of prosecution, reinstating the arbitral award and ordering compliance within 30 days.

  • Dismissal for want of prosecution
  • Review of arbitral award
  • Postponement of proceedings
  • Dismissal-for-want-of-prosecution
  • Labour-review
  • Postponement-of-proceedings
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Labour law [2013] LSLC 55

South Asia International (Pty) Ltd v Neo Mojalefa and Another (LC/REV 517 of 2006)

South Asia International (Pty) Ltd v Neo Mojalefa and Another (LC/REV 517 of 2006) [2013] LSLC 55 (22 July 2013)

The Labour Court of Lesotho refused a postponement and dismissed a stale review for want of prosecution, leaving the DDPR award in force.

  • Dismissal for want of prosecution
  • Review of arbitral award
  • Postponement of proceedings
  • Abuse of court process
  • Dismissal-for-want-of-prosecution
  • Postponement-of-proceedings
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Labour law [2012] LSLC 12

Makhalane v Letseng Diamonds (Pty) Ltd and Another (LC 16 of 12)

Makhalane v Letseng Diamonds (Pty) Ltd and Another (LC 16 of 12) [2012] LSLC 12 (29 October 2012)

The application was dismissed because the issues raised were found to be lis pendens, as similar matters between the same parties and subject matter were pending before the court. Additionally, the Labour Court lacked jurisdiction to entertain the unfair dismissal claim, which should be brought before the DDPR. The application for postponement was also refused due to lack of reasonable grounds.

  • Lis pendens
  • Jurisdiction
  • Unfair dismissal
  • Employment relationship
  • Postponement of proceedings
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Labour law [2011] LSLC 14

Lesotho Highlands Development Authority v Ntene and Others (LC/REV 36 of 10)

Lesotho Highlands Development Authority v Ntene and Others (LC/REV 36 of 10) [2011] LSLC 14 (6 July 2011)

The Labour Court reviewed a DDPR decision refusing a postponement, holding the arbitrator acted unreasonably and denied the applicant a hearing.

  • Postponement of proceedings
  • Right to be heard
  • Arbitration procedure
  • Authority to represent
  • Labour-law
  • Review-of-arbitral-award
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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.