Lesotho Case Law

Seipati Ramone V Standard Lesotho Bank & 4 Others (CCT/0517/2024)

Seipati Ramone V Standard Lesotho Bank & 4 Others (CCT/0517/2024) [2025] LSHC 240 (11 September 2025)

Court

High Court

Case number

CCT/0517/2024

The court found that there was no error in making the deed of settlement an order of court, as the applicant had agreed to its terms, including the right of the 1st respondent to execute upon default. The applicant defaulted on the agreed payments, entitling the 1st respondent to execute. The application for rescission was therefore dismissed.

Source excerpt

• Rescission of judgment
• Mortgage enforcement
• Settlement agreements
• Execution of judgments

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Malefetsane Malebo V Tseliso Senekane & Ano. (CCT/0216/2017)

Malefetsane Malebo V Tseliso Senekane & Ano. (CCT/0216/2017) [2025] LSHC 131 (9 June 2025)

Court

High Court

Case number

CCT/0216/2017

The High Court of Lesotho rescinded a default judgment after finding the summons had not been served at the defendant’s residence as required by Rule 4(1)(b).

• Rescission of judgment
• Service of process
• Default judgment
• Rescission-of-judgment
• Service-of-process
• Default-judgment

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Makhakhe Makhakhe V Thato Masoabi & Ano. (C of A (CIV) 68/2024)

Makhakhe Makhakhe V Thato Masoabi & Ano. (C of A (CIV) 68/2024) [2025] LSCA 28 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 68/2024

The Court of Appeal dismissed an appeal against refusal to rescind a default judgment, finding no reasonable excuse for default and no bona fide defence.

• Rescission of judgment
• Condonation
• Default judgment
• Judicial discretion
• Finality in litigation
• Rescission-of-judgment

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Lesotho Association of non-Formal Education V Women Going Beyond & Ano. (CCT/0285/2023)

Lesotho Association of non-Formal Education V Women Going Beyond & Ano. (CCT/0285/2023) [2025] LSHC 86 (10 April 2025)

Court

High Court

Case number

CCT/0285/2023

The High Court dismissed a rescission application because it was filed late without a formal condonation application. The court treated the non-compliance as fatal.

• Rescission of judgment
• Condonation
• Default judgment
• Civil-procedure
• Rescission-of-judgment
• Default-judgment

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LUGY'S Ivestment Group V Fantastic Clothing (PTY) LTD (C of A (CIV) No 10/2024)

LUGY'S Ivestment Group V Fantastic Clothing (PTY) LTD (C of A (CIV) No 10/2024) [2024] LSCA 15 (1 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 10/2024

The Court of Appeal struck an application for leave to appeal from the roll because the papers did not comply with Rule 3(8)(a) and included irrelevant material.

• Leave to appeal
• Rescission of judgment
• Non-compliance with court rules
• Civil-procedure
• Leave-to-appeal
• Court-rules-compliance

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Network of Excellence Consortium Agreement (NECA) V Kata (CCT/0496/2021)

Network of Excellence Consortium Agreement (NECA) V Kata (CCT/0496/2021) [2023] LSHC 148 (30 November 2023)

Court

High Court

Case number

CCT/0496/2021

The High Court of Lesotho set aside default judgment for lack of service of the notice of set down, holding the order was erroneously granted.

• Default judgment
• Rescission of judgment
• Service of process
• Bar to pleadings
• Default-judgment
• Rescission-of-judgment

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Nala Capital Advisors Pty (Ltd) and Another v Director of Public Prosecutions and Another (C of A (CIV) No. 91/2022)

Nala Capital Advisors Pty (Ltd) and Another v Director of Public Prosecutions and Another (C of A (CIV) No. 91/2022) [2023] LSCA 1 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) No. 91/2022

Both appellants had locus standi to seek rescission as co-accused. The requirements for rescission under Rule 45(1)(a) and common law were not met on the affidavits. However, justice required expunging the finding of a prima facie case and removal of the publication, as the matter was settled, charges withdrawn, and the respondent did not oppose.

Source excerpt

• Rescission of judgment
• Locus standi
• Corporate criminal liability
• Expungement of records
• Probity checks

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Minister of Local Government and Chieftainship Affairs V Moseme Makhele (CIV/APN/143/2021)

Minister of Local Government and Chieftainship Affairs V Moseme Makhele (CIV/APN/143/2021) [2023] LSHC 173 (31 October 2023)

Court

High Court

Case number

CIV/APN/143/2021

The High Court of Lesotho dismissed a rescission bid, holding there was no procedural error in a default judgment or contempt order and that service on the Ministry was sufficient.

• Rescission of judgment
• Default judgment
• Contempt of court
• Service of process
• Rescission-of-judgment
• Default-judgment

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SOLANDRA INC. (In Liquidation) V VASANT (CCA/0101/2022)

SOLANDRA INC. (In Liquidation) V VASANT (CCA/0101/2022) [2023] LSHC 138 (14 September 2023)

Court

High Court

Case number

CCA/0101/2022

The High Court of Lesotho rescinded earlier orders, holding that a foreign liquidator must first be recognised before suing in Lesotho.

• Rescission of judgment
• Locus standi of foreign liquidator
• Recognition of foreign representatives
• Joinder of parties
• Rescission-of-judgment
• Foreign-liquidator-recognition

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Ramashamole V Mathiba (CCT/ 258 of 2022)

Ramashamole V Mathiba (CCT/ 258 of 2022) [2023] LSHC 90 (4 May 2023)

Court

High Court

Case number

CCT/ 258 of 2022

The High Court of Lesotho dismissed an application to rescind default judgment, holding the applicant was in wilful default and lacked a bona fide defence.

• Rescission of judgment
• Default judgment
• Breach of contract
• Rescission-of-judgment
• Default-judgment
• Civil-procedure

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