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Lesotho Case Law

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Civil procedure [2025] LSHC 131

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

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

The High Court of Lesotho rescinded a default judgment after finding the summons had not been served at the defendant’s residence as required by Rule 4(1)(b).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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Civil procedure [2024] LSCA 4

Chokocha Hatla v Anwary Carrim (C OF A (CIV) 4/2023)

Chokocha Hatla v Anwary Carrim (C OF A (CIV) 4/2023) [2024] LSCA 4 (3 May 2024)

The appeal was withdrawn after the court found the cited respondent had not been served and was not properly before the court.

  • Service of process
  • Party to proceedings
  • Withdrawal of appeal
  • Service-of-process
  • Party-to-proceedings
  • Withdrawal-of-appeal
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Civil procedure [2023] LSHC 148

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)

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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Civil procedure [2023] LSHC 173

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)

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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Civil procedure [2022] LSHC 112

Nkhahle v Ovk Operations Ltd (CCT/0416/17)

Nkhahle v Ovk Operations Ltd (CCT/0416/17) [2022] LSHC 112 (19 August 2022)

The applicant was properly served with summons, as evidenced by the return of service, confirmatory affidavit of the Deputy Sheriff, and admission by his former counsel. None of the grounds advanced by the applicant constitute an error envisaged under rule 45(1)(a). The failure to discount M15,000.00 already paid was not an error of law or fact justifying rescission, and the respondent has abandoned this amount. The summons, read with annexures, sufficiently disclosed contract particulars. The applicant was in wilful default and is not entitled to rescission.

  • Rescission of judgment
  • Default judgment
  • Service of process
  • Acknowledgment of debt
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Civil procedure [2022] LSHC 81

Nedbank Lesotho Limited v D & P Drilling and Blasting (Pty) Ltd (CCT/0034/2021)

Nedbank Lesotho Limited v D & P Drilling and Blasting (Pty) Ltd (CCT/0034/2021) [2022] LSHC 81 (4 March 2022)

The High Court of Lesotho granted summary judgment in part, finding no bona fide defence was properly disclosed and rejecting the collection commission claim.

  • Summary judgment
  • Suretyship
  • Asset-based finance agreement
  • Collection commission
  • Service of process
  • Summary-judgment
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Civil procedure [2020] LSCA 13

Lifoloane v Ntsooa (C of A (CIV) 77 of 2019)

Lifoloane v Ntsooa (C of A (CIV) 77 of 2019) [2020] LSCA 13 (29 May 2020)

The Court of Appeal of Lesotho allowed an appeal in a contempt matter, holding that the alleged disobeyed order was not executable and contempt was not proved.

  • Contempt proceedings
  • Jurisdiction
  • Service of process
  • Burden of proof
  • Contempt-of-court
  • Service-of-process
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Family law [2018] LSCA 2

Tjamela v Tjamela (C of A (CIV) 24 of 2017)

Tjamela v Tjamela (C of A (CIV) 24 of 2017) [2018] LSCA 2 (7 December 2018)

A divorce appeal based on alleged malicious desertion was withdrawn before determination, so the Court of Appeal only noted the withdrawal.

  • Divorce
  • Malicious desertion
  • Restitution order
  • Service of process
  • Malicious-desertion
  • Restitution-order
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Civil procedure [2015] LSHC 13

Private Sector Foundation of Lesotho v Mei and Mei Attorneys Inc and Others (CCT 160 of 2013)

Private Sector Foundation of Lesotho v Mei and Mei Attorneys Inc and Others (CCT 160 of 2013) [2015] LSHC 13 (15 May 2015)

The High Court of Lesotho rescinded a default judgment for taxed costs after finding the summons was not properly served and the applicant had a bona fide defence.

  • Rescission of judgment
  • Default judgment
  • Service of process
  • Costs
  • Garnishee order
  • Rescission-of-judgment
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Civil procedure [2015] LSHC 5

Lebabo v Pep Stores (Pty) Ltd and Another (CIV/T 201 of 4)

Lebabo v Pep Stores (Pty) Ltd and Another (CIV/T 201 of 4) [2015] LSHC 5 (26 February 2015)

The High Court of Lesotho dealt with joinder of a second defendant after pleadings closed, stressing proper service and authority to act before final determination.

  • Joinder of parties
  • Negligence
  • Mandate of advocate
  • Service of process
  • Civil-procedure
  • Joinder-of-parties
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.