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Lesotho decisions
Decisions matching the current search
Dr. Mohale Phehlane V The Prime Minister, Hon. Sam Matekane &3 Others (CIV/APN/0384/2023) [2024] LSHC 8 (22 March 2024)
The High Court of Lesotho dismissed a request for default judgment, condoned procedural non-compliance, and set the review down to be heard on the merits.
Ntoetsi Tau-Tona v 'Maphoka Ramoea & 3 Ors (C OF A (CIV) 23/2023) [2023] LSCA 12 (17 November 2023)
The appeal was incompetent because the appellant failed to obtain leave to appeal as required by section 17 of the Court of Appeal Act. The Court of Appeal has no jurisdiction to entertain the appeal without such leave, regardless of whether the Land Court was exercising review or appellate jurisdiction.
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The Executor Estate Late Thabo Kabeli Moerane & 4 Others V The Co-Executor Estate Late Thakane Chimombe & 6 Others (CIV/APN/08/2022) [2022] LSHC 249 (29 September 2022)
The applicant failed to comply with Rule 8(19) of the High Court Rules, which is mandatory in estate matters. The appropriate remedy is to strike the matter off the roll and order compliance, not to dismiss the application.
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Nkwate v Molapo (LC/APN 19) [2019] LSHC 41 (11 October 2019)
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.
Kaleme tech & Hire v Metsi A Pula Fleet Management Agency (C of A (CIV) 60 of 2015) [2016] LSCA 15 (29 April 2016)
Court of Appeal held an urgent ex parte attachment/removal order had final effect, upheld review, and altered costs because of contempt.
Boliba Multi Purpose Coop v Motsoasele and Another (LC/REV 95 of 2012) [2015] LSLC 13 (11 February 2015)
The Labour Court refused rescission of a default judgment, finding a reasonable explanation for absence but no prospects of success on review.
Goodwill Auto Clinic v Masenkane and Another (LC/REV 29 of 2007) [2014] LSLC 41 (3 December 2014)
The applicant failed to demonstrate prospects of success on review, which is a mandatory requirement for rescission. The explanation for default was reasonable, but without prospects of success, rescission cannot be granted.
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Mofoka v Ntsane and Others (LC/APN 2014) [2014] LSHC 96 (29 October 2014)
The court dismissed an application to rescind a default judgment, finding no proven fraud, no lack of due notice, and no basis to require evidence before judgment.
Lelimo v Letsie and Others (C of A (CIV) 22 of 10) [2011] LSCA 1 (20 April 2011)
The Court of Appeal dismissed an appeal challenging counsel’s authority and participation in opposition proceedings, and held the rulings were interlocutory and not appealable without leave.
Mokhotho v Learned Magistrate and Others (C of A (CRI) 10 of 8) [2008] LSCA 22 (17 October 2008)
The appeal was dismissed because the appellant failed to apply for condonation or provide an acceptable explanation for the inordinate delay of almost four years in bringing the review application, and the missing record could not be used to his advantage.
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