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Lesotho Case Law

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Company law [2023] LSHC 146

Netcare Hospital Group Proprietary Limited V Ts'epong Proprietary Limited (CCA/0056/2023)

Netcare Hospital Group Proprietary Limited V Ts'epong Proprietary Limited (CCA/0056/2023) [2023] LSHC 146 (30 November 2023)

Court
High Court
Case number
CCA/0056/2023

The High Court of Lesotho granted a shareholder leave to bring derivative proceedings under section 77 of the Companies Act, 2011 over failed debt recovery efforts.

  • Derivative action
  • Authority to represent company
  • Board deadlock
  • Prescription of claims
  • Derivative-action
  • Authority-to-represent-company
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Employment law [2019] LSCA 1

Rathoma v COMPOL (C of A (CIV) 11 of 2018)

Rathoma v COMPOL (C of A (CIV) 11 of 2018) [2019] LSCA 1 (1 February 2019)

Court
Court of Appeal
Case number
C of A (CIV) 11 of 2018

Reinstatement of the appellant was not retrospective and did not entitle him to salary arrears for the period spent in prison, as his imprisonment was a result of due process and not attributable to any fault of the employer.

Source excerpt

  • Reinstatement
  • Salary arrears
  • Imprisonment and employment rights
  • Prescription of claims
  • No work no pay principle
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Insurance law [2016] LSCA 36

Moshao v Lesotho General National Insurance Co. (C of A (CIV) 10 of 2016)

Moshao v Lesotho General National Insurance Co. (C of A (CIV) 10 of 2016) [2016] LSCA 36 (28 October 2016)

Court
Court of Appeal
Case number
C of A (CIV) 10 of 2016

The High Court erred by dismissing the appellant's claim on the basis of the special plea without conducting an enquiry or hearing evidence to establish whether there was compliance with section 9(d)(iv) of the Motor Vehicle Insurance Order No.26 of 1989. The burden of proof for the special plea rested on the respondent, and there was no evidence of wilful or deliberate refusal by the appellant to submit an affidavit. The severe penalty of forfeiture of claim should only apply where non-compliance is deliberate and unreasonable.

Source excerpt

  • Motor vehicle insurance
  • Special pleas
  • Burden of proof
  • Affidavit requirements
  • Prescription of claims
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Labour law [2015] LSLC 1

Molapo and Others v Water and Sewerage Company (Pty) Ltd (LC 30 of 2013)

Molapo and Others v Water and Sewerage Company (Pty) Ltd (LC 30 of 2013) [2015] LSLC 1 (11 February 2015)

Court
Labour Court
Case number
LC 30 of 2013

Labour Court of Lesotho dismissed employees’ claims for unequal treatment, finding no jurisdiction to determine the relief sought and no valid discrimination claim.

  • Discrimination
  • Unequal treatment
  • Jurisdiction
  • Prescription of claims
  • Labour-law
  • Employment-discrimination
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Constitutional law [2013] LSHC 82

Limo v Lesotho National General Insurance

Limo v Lesotho National General Insurance (CONSTITUTIONAL CASE 2 of 2012) [2013] LSHC 82 (24 October 2013)

Court
High Court
Case number
CONSTITUTIONAL CASE 2 of 2012

The High Court of Lesotho dismissed a constitutional challenge to motor vehicle insurance compensation limits after finding the claim had prescribed and locus standi was lacking.

  • Equality before the law
  • Freedom from discrimination
  • Prescription of claims
  • Locus standi
  • Motor vehicle accident compensation
  • Constitutional-law
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Employment law [2011] LSHC 149

Tsoaeli v Principal Secretary Ministry of Health and Others (CIV/APN 517 of 10)

Tsoaeli v Principal Secretary Ministry of Health and Others (CIV/APN 517 of 10) [2011] LSHC 149 (13 June 2011)

Court
High Court
Case number
CIV/APN 517 of 10

The High Court of Lesotho dismissed a government prescription objection, holding that a decades-long suspension and non-payment of salary may amount to a continuing wrong.

  • Suspension from employment
  • Prescription of claims
  • Government liability
  • Disciplinary proceedings
  • Employment-law
  • Administrative-law
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Labour law [2009] LSLC 32

Ntjebe and Others v Lesotho Highlands Development Authority (LC 15 of 3)

Ntjebe and Others v Lesotho Highlands Development Authority (LC 15 of 3) [2009] LSLC 32 (16 November 2009)

Court
Labour Court
Case number
LC 15 of 3

The Labour Court limited overtime claims to three years, awarded compensation for unfair retrenchment, and reduced most awards for failure to mitigate loss.

  • Overtime claims
  • Unfair retrenchment
  • Compensation
  • Mitigation of loss
  • Prescription of claims
  • Overtime-claims
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Labour law [2007] LSLC 8

CGM Garments v Directorate of Disputes Prevention and Resolution and Another (LAC/REV/38/04; LC/REV/88/06)

CGM Garments v Directorate of Disputes Prevention and Resolution and Another (LAC/REV/38/04; LC/REV/88/06) [2007] LSLC 8 (1 May 2007)

Court
Labour Court
Case number
LAC/REV/38/04 ; LC/REV/88/06

The arbitrator acted beyond his jurisdiction by adjudicating a claim based on a private settlement agreement, failed to ensure sworn testimony as required by law, and entertained a prescribed claim without condonation; these gross irregularities warranted setting aside the award.

Source excerpt

  • Jurisdiction of statutory bodies
  • Arbitration procedure
  • Severance pay
  • Prescription of claims
  • Enforcement of settlement agreements
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Labour law [2006] LSLC 12

Labour Commissioner (OBO Deceased Motlalepula Charles Rakhoba’s Family) v Leta Security Services (Pty) Ltd (LC 31 of 5)

Labour Commissioner (OBO Deceased Motlalepula Charles Rakhoba’s Family) v Leta Security Services (Pty) Ltd (LC 31 of 5) [2006] LSLC 12 (3 August 2006)

Court
Labour Court
Case number
LC 31 of 5

The Labour Court dismissed a late workmen’s compensation claim for condonation, finding no reasonable cause for the delay, no prospects of success, and no proved dependants.

  • Condonation for late filing
  • Dependants under compensation law
  • Scope of employment
  • Prescription of claims
  • Workmens-compensation
  • Condonation
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Insurance law [2002] LSCA 50

Nthonyana v Lesotho National General Insurance (CIV/T 7 of 2000)

Nthonyana v Lesotho National General Insurance (CIV/T 7 of 2000) [2002] LSCA 50 (29 August 2002)

Court
Court of Appeal
Case number
CIV/T 7 of 2000

The court upheld a special plea in an insurance claim, finding that summons was served before the 60-day suspension period expired under the Motor Vehicle Insurance Order.

  • Prescription of claims
  • Motor vehicle insurance
  • Procedural compliance
  • Insurance-law
  • Civil-procedure
  • Prescription-of-claims
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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.