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Lesotho Case Law

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Delict [2025] LSCA 71

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)

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.

  • Police assault
  • Quantum of damages
  • Special damages
  • Medical evidence
  • Constitutional/dignitary harm
  • Interest a tempore morae
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Delict [2019] LSHC 43

Mahlakeng v Base (Pty) Ltd (CIV/T 437 of 18)

Mahlakeng v Base (Pty) Ltd (CIV/T 437 of 18) [2019] LSHC 43 (10 September 2019)

The High Court of Lesotho dismissed a claim for special damages because the plaintiff failed to prove the alleged transport costs, despite the defendant's non-appearance.

  • Special damages
  • Burden of proof
  • Negligence
  • Default judgment
  • Special-damages
  • Burden-of-proof
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Contract law [2018] LSCA 11

Monate v Mefane (C of A (CIV) 19 of 2017)

Monate v Mefane (C of A (CIV) 19 of 2017) [2018] LSCA 11 (7 December 2018)

Appeal about a disputed motor vehicle sale. The court held the seller breached the contract by failing to ensure undisturbed possession, but disallowed unproved loss of opportunity.

  • Breach of contract
  • Damages
  • Sale of motor vehicle
  • Warranty of title
  • Special damages
  • Breach-of-contract
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Employment law [2017] LSHC 10

John Makhele v The Commander of LDF and Others (CIV/T 210 of 2005)

John Makhele v The Commander of LDF and Others (CIV/T 210 of 2005) [2017] LSHC 10 (27 April 2017)

The High Court of Lesotho held that Makhele’s claims had not prescribed and awarded damages for unlawful dismissal, malicious prosecution, and some special damages.

  • Unlawful dismissal
  • Prescription
  • Malicious prosecution
  • Damages
  • Reinstatement
  • Special damages
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Tort law [1995] LSCA 183

Mojaki v Molahli (CIV/T 547 of 94)

Mojaki v Molahli (CIV/T 547 of 94) [1995] LSCA 183 (22 November 1995)

In a default judgment, the High Court of Lesotho awarded reduced special damages for funeral-related expenses in a wrongful-death claim and disallowed an unsupported cattle claim.

  • Damages for wrongful death
  • Special damages
  • Default judgment
  • Wrongful-death
  • Special-damages
  • Default-judgment
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Tort [1994] LSCA 40

Khosi v Babeli and Others (CIV/T 507 of 90)

Khosi v Babeli and Others (CIV/T 507 of 90) [1994] LSCA 40 (1 March 1994)

The court awarded damages for an unjustified police assault on the plaintiff, allowing general damages for pain, suffering and contumelia, but rejecting medical expenses.

  • Assault by police
  • Damages
  • Contumelia
  • Pain and suffering
  • Special damages
  • Police-assault
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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.