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Lesotho decisions
Decisions matching the current search
James Rashid Rajah V Resident Magistrate Banyane & 3 Others (C of A (CIV) No 22/2018) [2025] LSCA 51 (7 November 2025)
The Court of Appeal struck out an appeal for want of prosecution after the appellant and counsel repeatedly failed to appear despite notice and prior indulgence.
Tsotang Seatile & 61 Others V Minister of Justice and Law & 3 Others (C of A (CIV) No. 24/2025) [2025] LSCA 55 (7 November 2025)
The Court of Appeal held that court presidents had no proven legitimate expectation to higher grades and dismissed the appeal, also noting the High Court lacked jurisdiction.
Police Constable Duma V Commissioner of Police & 2 Others (C of A (CIV) No.25/2025) [2025] LSCA 56 (7 November 2025)
The Court of Appeal held that written representations under section 31(1)(i) of the Police Service Act could satisfy fairness; the appeal was dismissed with costs.
Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025) [2025] LSCA 49 (7 November 2025)
Lesotho Court of Appeal held that recalling a consul general for lack of exequatur was unlawful, and awarded compensation for the unexpired term.
Road Fund Secretariat V Bafani Construction (PTY) LTD & 3 Others (CCA/0048/2024) [2025] LSHC 245 (18 September 2025)
The 1st respondent is in contempt of court for wilfully and unreasonably failing to refer the dispute to arbitration as ordered, and its excuses of poverty and procedural delay are not bona fide. Punitive measures cannot be imposed on unnamed and uncited directors due to lack of joinder and procedural fairness.
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Buang Mohau & Ano. V SM Consulting Engineers (CCA/0090/2023) [2025] LSHC 120 (30 May 2025)
The rules of natural justice and public law principles do not apply to the termination of private contracts. The applicants freely entered into agreements with a no-fault termination clause, which allowed either party to terminate with one month's notice for any reason. The court cannot alter the contract to declare it a fixed term contract contrary to its express terms.
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Monate Catering & 5 Others V Ministry of Health-Tender Panel & 13 Other s (C of A (CIV) 84/2023) [2025] LSCA 39 (2 May 2025)
The Court of Appeal allowed withdrawal of a review application that failed to annex the judgment challenged, finding the papers unintelligible and ordered no costs.
Bocheletsane High School & 5 Others V Mamahlomi Makhetha (C of A (CIV) 13/2025) [2025] LSCA 12 (2 May 2025)
The Teaching Service Commission acted within its statutory discretion under section 42 of the Education Act 2010 by appointing Ms Mamojalefa, who was the highest-ranked and most qualified candidate. There was no official School Board recommendation in favour of the respondent, and thus no legitimate expectation. The High Court erred in finding procedural unfairness and in setting aside the appointment.
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Mataeli Makhele-Sekhantso V Attorney General & 2 Others (C of A (CIV) 23/2024) [2025] LSCA 14 (2 May 2025)
The Court of Appeal of Lesotho granted a postponement after counsel died and replacement counsel lacked preparation time, ordering the applicants to pay costs.
Mathebe Motseki V National Executive Committee & 2 Others (C of A (CIV) 10/2025) [2025] LSCA 10 (2 May 2025)
The refusal to afford the appellant an oral hearing in the face of serious allegations and permanent expulsion was unreasonable and procedurally unfair. The NEC failed to justify denying the hearing, and the show-cause procedure did not meet the requirements of fairness. The suspension was also invalid as it was made without a quorum. Both the suspension and termination decisions were unlawful and void ab initio.
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