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Lesotho decisions
Decisions matching the current search
Khotso Mphaki V The Learned Magistrate Qacha's Nek Magistrate & 3 Others (C of A (CIV) 45/2024) [2025] LSCA 19 (2 May 2025)
The Court of Appeal postponed a civil appeal to October 2025 after a respondent lacked funds for counsel, with the existing stay of execution left in place.
Basotho Congress Party v Abdulla (CCT/0290/2017) [2022] LSHC 156 (14 December 2022)
The High Court dismissed an urgent application to stay execution of a provisional sentence judgment, holding that leave to appeal should first have been sought.
Classic Distributors v Standard Lesotho Bank (CCT/149/2013) [2022] LSHC 155 (14 December 2022)
The High Court dismissed an application for leave to appeal and stay of execution, holding that the order was final and any appeal lay to the Court of Appeal.
Platinum Credit Limited No v Platcorp Holdings Limited (C of A (CIV) 82/2022) [2022] LSCA 27 (17 November 2022)
Court of Appeal of Lesotho stayed a contempt incarceration order, holding the applicants should have been allowed to mitigate sentence before imprisonment.
Khabele v Chairperson of the Disciplinary Hearing Committee (C of A (CIV) 12/2022) [2022] LSCA 63 (11 November 2022)
The applicant has arguable prospects of success on appeal, particularly on the jurisdictional issue and the manner in which the lower court determined the matter. The balance of hardship favours granting the stay, as proceeding with the disciplinary process without necessary material would prejudice the applicant.
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Mothae v Returning Officer Mosalemane (CIV/APN/0312/2022) [2022] LSHC 147 (28 September 2022)
The High Court cannot stay execution of its own judgment through an interdict pending appeal; the proper procedure is to apply for stay to the judge whose decision is appealed from. Rejection of a candidate's nomination is not a ground for declaring elections failed under the National Assembly Electoral Act, 2011. The Act does not provide for substitution of candidates after rejection. The application is misconceived and without merit.
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Ntseliseng Motloli T/a Motloli Catering v Pontso Ntseuoa and Others In Re: Ntseliseng Motloli v Lsp/wbho Joint Venture (CCA/0025/2020) [2022] LSHC 68 (18 August 2022)
A dismissed application cannot be stayed under the rules, as execution refers to enforcement of a judgment or order, not to the release of property following dismissal. The applicant failed to demonstrate prospects of success on appeal or irreparable harm justifying a stay. The balance of convenience favored the 3rd respondent as the vehicle's continued detention was unjustified.
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The Commissioner of Police v Dlamini (CIV/APN/0170/2022) [2022] LSHC 146 (11 July 2022)
The High Court refused a stay of execution pending appeal, holding that the applicant’s non-compliance with an earlier court order defeated the request.
Khabele v Chairperson of the Disciplinary Hearing Committee ( C of A No. 12/2022) [2022] LSCA 1 (3 June 2022)
The Court of Appeal of Lesotho stayed a Labour Appeal Court order pending appeal, finding arguable prospects of success and that hardship favoured the applicant.
Ts'ehla v Tau (CRI/REV/0006/2021) [2022] LSHC 85 (1 March 2022)
The High Court dismissed a criminal review and stay application seeking release on bail, holding that there was no judgment to stay and the application was defective.
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