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Lesotho Case Law

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Delict [2025] LSHC 47

Manthatisi Qhaau V COMPOL (CIV/T/458/2016)

Manthatisi Qhaau V COMPOL (CIV/T/458/2016) [2025] LSHC 47 (3 March 2025)

Court
High Court
Case number
CIV/T/458/2016

The 1st Plaintiff was unlawfully arrested and detained for two days without charge, with no credible justification from the police. Her claims for assault, contumelia, and loss of support failed due to lack of evidence. The 2nd Plaintiff, having incurred burial expenses, was entitled to reimbursement as his evidence was unchallenged. Joinder of the 2nd Plaintiff was necessary for convenience and to avoid multiplicity of actions.

Source excerpt

  • Unlawful arrest and detention
  • Damages for loss of support
  • Burial expenses
  • Joinder of parties
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Tort law [2021] LSCA 23

Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020)

Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020) [2021] LSCA 23 (14 May 2021)

Court
Court of Appeal
Case number
C of A (CIV) 45 of 2020

The High Court’s award was wrong in principle as it was excessive and not consistent with the Roman Dutch law approach, which does not allow punitive damages in delictual claims. The appellate court substituted a global award of M250,000 for pain, shock, suffering, contumelia, and medical expenses, with interest, reflecting both the seriousness of the violation and the need for consistency in awards.

Source excerpt

  • Damages for assault
  • Police brutality
  • Contumelia
  • Pain and suffering
  • Quantum of damages
  • Constitutional rights
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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.

Source links and collection timestamps are retained alongside the indexed records.