Lesotho Case Law

Abel Bushman V Attorney General (C of A (CIV) 47/2020)

Abel Bushman V Attorney General (C of A (CIV) 47/2020) [2025] LSCA 71 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) 47/2020

The trial court materially misdirected itself by under-appreciating the medical gravity of the appellant’s injuries and the aggravating circumstance of assault by State agents; the award was manifestly low and a global award of M200,000 for non-patrimonial loss and M5,000 for special damages is just and appropriate.

Source excerpt

• Police assault
• Quantum of damages
• Special damages
• Medical evidence
• Constitutional/dignitary harm
• Interest a tempore morae

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Lehlohonolo Masienyane & Ano. V Maluti Mountain Brewery & Ano. (C of A (CIV) No 27/2024)

Lehlohonolo Masienyane & Ano. V Maluti Mountain Brewery & Ano. (C of A (CIV) No 27/2024) [2024] LSCA 24 (1 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 27/2024

The house was repairable and not a total loss; damages must be based on repair costs, not replacement. Emotional distress and inconvenience are not compensable under actio legis Aquiliae without psychiatric evidence. The High Court's estimate of M300,000.00 for damages was reasonable given the evidence and delay, and no material error or misdirection was found.

Source excerpt

• Actio legis aquiliae
• Quantum of damages
• Property damage
• Emotional distress
• Delay in litigation

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Mahapela Mohale V COMPOL (CIV/T/134/2021)

Mahapela Mohale V COMPOL (CIV/T/134/2021) [2023] LSHC 258 (3 October 2023)

Court

High Court

Case number

CIV/T/134/2021

The High Court of Lesotho awarded M30,000 for pain and suffering after police assault, reducing a M500,000 claim because the evidence on injury and impact was limited.

• Police brutality
• Damages assessment
• Pain and suffering
• Quantum of damages
• Police-brutality
• Damages-assessment

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Molupe v Lesotho National General Insurance Co. Ltd (C of A No.08/2022)

Molupe v Lesotho National General Insurance Co. Ltd (C of A No.08/2022) [2022] LSCA 5 (13 May 2022)

Court

Court of Appeal

Case number

C of A No.08/2022

The Court of Appeal struck the appeal off the roll because there was no fully transcribed High Court record, making the quantum challenge impossible to decide.

• Quantum of damages
• Appeal procedure
• Evidence admissibility
• Appeal-procedure
• Appellate-record
• Quantum-of-damages

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Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020)

Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020) [2021] LSCA 23 (14 May 2021)

Court

Court of Appeal

Case number

C of A (CIV) 45 of 2020

The High Court’s award was wrong in principle as it was excessive and not consistent with the Roman Dutch law approach, which does not allow punitive damages in delictual claims. The appellate court substituted a global award of M250,000 for pain, shock, suffering, contumelia, and medical expenses, with interest, reflecting both the seriousness of the violation and the need for consistency in awards.

Source excerpt

• Damages for assault
• Police brutality
• Contumelia
• Pain and suffering
• Quantum of damages
• Constitutional rights

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Tjela v Officer Commanding Mafeteng Police Station and Others (CIV/T 152 of 2016)

Tjela v Officer Commanding Mafeteng Police Station and Others (CIV/T 152 of 2016) [2020] LSHC 36 (4 November 2020)

Court

High Court

Case number

CIV/T 152 of 2016

The High Court of Lesotho found police unlawfully assaulted and tortured the plaintiff, awarding damages for medical expenses, pain, suffering, and contumelia.

• Police brutality
• Torture
• Damages for assault
• Contumelia
• Pain and suffering
• Quantum of damages

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Ntabe v Matete (CIV/T 458 of 10)

Ntabe v Matete (CIV/T 458 of 10) [2019] LSHC 56 (14 November 2019)

Court

High Court

Case number

CIV/T 458 of 10

The defendants, particularly the 2nd defendant, were negligent in overtaking at a T-junction where prohibited, causing the collision. Plaintiff proved damages for repairs and loss of profit with credible evidence. Defendants failed to prove contributory negligence or impeach plaintiff's claims. Quantum of damages and interest awarded as claimed, except interest rate reduced to 6%.

Source excerpt

• Motor vehicle accident
• Loss of profit
• Quantum of damages
• Interest
• Pleadings

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Nkofi v Ramoreboli (CIV/T 631 of 13)

Nkofi v Ramoreboli (CIV/T 631 of 13) [2014] LSHC 65 (12 August 2014)

Court

High Court

Case number

CIV/T 631 of 13

Default judgment in an assault damages claim. The High Court awarded M75,000 for pain and suffering plus M350 for medical expenses, citing limited proof of injury.

• Damages assessment
• Assault
• Quantum of damages
• Medical evidence
• Default judgment
• Damages-assessment

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Senior Inspector Sepinare Masupha v Trooper Nyolohelo Tae (C of A (CIV) 13 of 13)

Senior Inspector Sepinare Masupha v Trooper Nyolohelo Tae (C of A (CIV) 13 of 13) [2014] LSCA 13 (17 April 2014)

Court

Court of Appeal

Case number

C of A (CIV) 13 of 13

The Court of Appeal of Lesotho upheld damages for assault, finding no basis to interfere with the awards for contumelia and pain and suffering.

• Damages
• Assault
• Contumelia
• Pain and suffering
• Quantum of damages
• Pain-and-suffering

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Standard Lesotho Bank v Masechaba Anna Ntsihlele (LC/REV 28 of 12)

Standard Lesotho Bank v Masechaba Anna Ntsihlele (LC/REV 28 of 12) [2013] LSLC 58 (24 September 2013)

Court

Labour Court

Case number

LC/REV 28 of 12

The DDPR arbitrator failed to consider mandatory statutory factors under Section 73(2) of the Labour Code, including mitigation of loss and the impracticality of compensation up to retirement age, and awarded compensation for periods not worked. The award was thus irrational and reviewable. Compensation was recalculated from date of dismissal to date of hearing, with deductions for periods of inactivity and proceeds from alternative income.

Source excerpt

• Unfair dismissal
• Compensation
• Review of arbitral award
• Quantum of damages
• Mitigation of loss

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