Lesotho Case Law

Pakalitha Makhele & Ano. V The Magistrate, Qacha's Nek Magistrate Court, Mr Bale & 2 Others (CRI/REV/0117/2023)

Pakalitha Makhele & Ano. V The Magistrate, Qacha's Nek Magistrate Court, Mr Bale & 2 Others (CRI/REV/0117/2023) [2024] LSHC 60 (12 April 2024)

Court

High Court

Case number

CRI/REV/0117/2023

No procedural irregularities occurred in the trial court; applicants were properly informed of their rights, charges were explained, and sentences for two separate incidents were not a duplication. The review application is misconceived and dismissed.

Source excerpt

• Sexual offences
• Sentencing
• Judicial review
• Procedural irregularity

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Yao v Meriti Holdings (Pty) Ltd (CCA/0018/2019)

Yao v Meriti Holdings (Pty) Ltd (CCA/0018/2019) [2022] LSHC 143 (27 October 2022)

Court

High Court

Case number

CCA/0018/2019

The forfeiture of the applicant's shares was invalid due to failure to provide proper notice of meetings as required by the Companies Act and the company's articles. The notices were posted after the meetings, depriving the applicant of the opportunity to attend. The procedure for forfeiture was not followed, and the interlocutory application to resolve a dispute of fact was procedurally improper.

Source excerpt

• Shareholder rights
• Forfeiture of shares
• Notice requirements
• Procedural irregularity
• Dispute of fact

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Amalgamated Engineering Solutions (Pty) Ltd v Mokhehle (LC/REV/APN/ 26 of 2020)

Amalgamated Engineering Solutions (Pty) Ltd v Mokhehle (LC/REV/APN/ 26 of 2020) [2021] LSHC 12 (7 June 2021)

Court

High Court

Case number

LC/REV/APN/ 26 of 2020

The District Land Court's failure to ensure proper service and notice, resulting in the applicant not being heard, was a grave procedural irregularity. This justified review and setting aside of the default judgment, regardless of whether rescission was first sought.

Source excerpt

• Review of default judgment
• Procedural irregularity
• Right to be heard

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Thabane v Her Ladyship Maseforo Mahase ACJ (C of A (CRI REV) 2 of 20)

Thabane v Her Ladyship Maseforo Mahase ACJ (C of A (CRI REV) 2 of 20) [2020] LSCA 10 (29 May 2020)

Court

Court of Appeal

Case number

C of A (CRI REV) 2 of 20

The Court of Appeal set aside a High Court bail order in a murder case, holding the hearing was procedurally irregular and that an eyewitness applicant had standing.

• Bail
• Judicial review
• Locus standi
• Procedural irregularity
• Victims' rights
• Judicial-review

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Rakaki v Makoko (LC/APN 19)

Rakaki v Makoko (LC/APN 19) [2020] LSHC 4 (18 May 2020)

Court

High Court

Case number

LC/APN 19

The court set aside a dismissal of a rescission application after counsel withdrew without showing the client knew, holding the applicant was denied a fair hearing.

• Right to fair hearing
• Withdrawal of legal representation
• Rescission of judgment
• Procedural irregularity
• Default judgment
• Attorney negligence

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Khotle v The Principal Sectretary- Ministry of Finance (CIV/APN 215 of 19)

Khotle v The Principal Sectretary- Ministry of Finance (CIV/APN 215 of 19) [2019] LSHC 59 (14 November 2019)

Court

High Court

Case number

CIV/APN 215 of 19

The High Court of Lesotho set aside a disciplinary dismissal after finding the employee had not clearly pleaded guilty and was denied a fair hearing.

• Disciplinary proceedings
• Fair hearing
• Dismissal from employment
• Procedural irregularity
• Administrative-law
• Labour-law

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Shale v Shale (LC/APN 19)

Shale v Shale (LC/APN 19) [2019] LSHC 44 (5 November 2019)

Court

High Court

Case number

LC/APN 19

Failure by the Magistrate to hear viva voce evidence where there existed a dispute of facts amounted to a reviewable irregularity, and the applicant was prejudiced by not being afforded an opportunity to present his case.

Source excerpt

• Default judgment
• Jurisdiction
• Inheritance
• Declaratory orders
• Procedural irregularity

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Nkwate v Molapo (LC/APN 19)

Nkwate v Molapo (LC/APN 19) [2019] LSHC 41 (11 October 2019)

Court

High Court

Case number

LC/APN 19

The Land Court of Lesotho set aside a default judgment because no oral evidence was heard in a land dispute, and held review was available without prior rescission.

• Default judgment
• Review proceedings
• Joinder of parties
• Land registration
• Procedural irregularity
• Default-judgment

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Zion Apostolic Faith Mission v Marakabi (C of A (CIV) 2 of 2018)

Zion Apostolic Faith Mission v Marakabi (C of A (CIV) 2 of 2018) [2019] LSCA 32 (1 February 2019)

Court

Court of Appeal

Case number

C of A (CIV) 2 of 2018

The Court of Appeal set aside a default order because the Land Court had not properly handled service, res judicata, and disputed land title issues.

• Rescission of judgment
• Default judgment
• Res judicata
• Title to land
• Procedural irregularity
• Rescission-of-judgment

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Makhetha v Estate Late Elizabeth 'Mabolase Sekoyela (C of A (CIV) 44 of 2017)

Makhetha v Estate Late Elizabeth 'Mabolase Sekoyela (C of A (CIV) 44 of 2017) [2018] LSCA 16 (7 December 2018)

Court

Court of Appeal

Case number

C of A (CIV) 44 of 2017

The Court of Appeal set aside a High Court judgment in a dispute over division of a deceased spouse’s joint estate, finding serious procedural irregularity and mistrial.

• Division of joint estate
• Burden of proof
• Procedural irregularity
• Motion vs action proceedings
• Estate administration
• Burden-of-proof

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