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Lesotho decisions
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Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025) [2025] LSCA 66 (7 November 2025)
The Court of Appeal upheld an urgent order placing a disputed vehicle in police custody pending appeal, holding that ABSA showed prima facie ownership and risk of dissipation.
Bafani Construction (PTY) Ltd V Road Fund Secretariat & Ano. (C of A (CIV) 85/2024) [2025] LSCA 40 (2 May 2025)
The High Court correctly held that while the arbitration clause ousted its jurisdiction over the merits, it retained jurisdiction to grant interim interdicts and spoliation orders under section 22 of the Arbitration Act 1980. The Road Fund Secretariat was a universitas personarum with standing to litigate. The appeal was without merit as the appellant obtained the relief it sought.
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Nyefolo Alotsi & Ano V Lesotho National Development Corporation & Ano. (C of A (CIV) 53/2024) [2025] LSCA 21 (2 May 2025)
Court of Appeal dismissed leave to appeal in a spoliation matter, holding the deregistered company lacked standing and the standing issue was not properly appealed.
Lesotho Communication Authority v Matela (CIV/APN/0120/202) [2022] LSHC 148 (15 August 2022)
The applicant's claim is not a dispute concerning the application or interpretation of a breach of contract of employment, as the employment contract had expired. The claim is for restoration of possession of property (mandament van spolie), not enforcement of employment rights. Therefore, the High Court's jurisdiction is not ousted by section 226(2)(b)(ii) of the Labour Code (Amendment) Act, 2000. Further, the 1st respondent cannot argue lack of jurisdiction based on sections 24 and 25 of the Amendment Act as these were not pleaded.
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Swanepoel v Ramphahama (CCA/0075/2021) [2022] LSHC 36 (9 June 2022)
High Court of Lesotho granted a spoliation application, confirmed the rule nisi, and ordered restoration of possession with costs.
YU Quang v Hata-Butle (Pty) Ltd (C of A (CIV) 28 of 2019) [2020] LSCA 32 (30 October 2020)
The Court of Appeal of Lesotho dismissed an application to reinstate a lapsed appeal because the appellant filed late, used the wrong procedure, and showed no adequate cause.
Chen Zheng Hong v Gu Jingxin (C of A (CIV) 76 of 2018) [2020] LSCA 44 (30 October 2020)
The Court of Appeal upheld a spoliation order, holding that the High Court had jurisdiction and that the Labour Court did not have exclusive jurisdiction.
Khabo v Khabo (C of A (CIV) 72 of 2018) [2019] LSCA 56 (1 November 2019)
There was a genuine dispute of fact as to whether the 1st appellant was in possession of the property at the material time. The High Court correctly identified this dispute, referred it to oral evidence, and, applying the Plascon-Evans rule, found the respondents' version prevailed. The appellants failed to prove on a balance of probabilities that they were in peaceful and undisturbed possession. The appeal was dismissed.
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YU Quang v Hata-Butle (Pty)Ltd (CIV/APN 131 of 19) [2019] LSHC 51 (5 August 2019)
The High Court dismissed a spoliation application after finding the applicant had not proved possession and was effectively trying to enforce contractual rights.
Ntoane v Bereng (CIV/T 132 of 10) [2018] LSHC 25 (8 May 2018)
The High Court of Lesotho dismissed a tractor-related claim, finding the plaintiff had voluntarily supplied a substitute tractor and was unjustly enriched.
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