Lesotho Case Law

R v Hlephe Mosola and Another (CRI/T 23 of 2002)

R v Hlephe Mosola and Another (CRI/T 23 of 2002) [2014] LSHC 17 (28 May 2014)

Court

High Court

Case number

CRI/T 23 of 2002

The accused unlawfully assaulted the deceased, causing injuries that led to death. He foresaw the possibility of death resulting from his actions (dolus eventualis). There was no lawful justification for the assaults, and the accused failed to hand the deceased to the police. The chain of causation was not broken by the involvement of others. Extenuating circumstances existed, altering the verdict to murder with extenuation.

Source excerpt

• Murder
• Unlawful assault
• Dolus eventualis
• Extenuating circumstances
• Sentencing

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Mosehle Molise v Officer Commanding Thaba Tseka Police Post and Others (CIV/T 40 of 2012)

Mosehle Molise v Officer Commanding Thaba Tseka Police Post and Others (CIV/T 40 of 2012) [2013] LSHC 74 (11 March 2013)

Court

High Court

Case number

CIV/T 40 of 2012

A Lesotho High Court case awarded damages to a plaintiff assaulted by police while in custody, after liability was conceded and only quantum remained in dispute.

• Police brutality
• Unlawful assault
• Damages for personal injury
• Detention and arrest
• Human rights
• Police-brutality

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Morobi v Commissioner of Police and Another (CIV/T 230 of 2010)

Morobi v Commissioner of Police and Another (CIV/T 230 of 2010) [2012] LSHC 1 (9 February 2012)

Court

High Court

Case number

CIV/T 230 of 2010

The High Court of Lesotho awarded damages to a plaintiff unlawfully assaulted by police, after liability was admitted and only quantum was contested.

• Unlawful assault
• Damages
• Police misconduct
• Unlawful-assault
• Police-misconduct
• Tort-law

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National University of Lesotho Thabane (C of A (CIV) 3 of 2008)

National University of Lesotho Thabane (C of A (CIV) 3 of 2008) [2008] LSCA 26 (17 October 2008)

Court

Court of Appeal

Case number

C of A (CIV) 3 of 2008

Condonation for late filing was granted despite an unsatisfactory explanation because the delay was not prejudicial, the appeal had strong prospects of success, and justice required the matter be heard. The trial court misdirected itself by awarding punitive damages rather than compensatory damages, justifying appellate interference and reduction of the award to a fair and reasonable amount.

Source excerpt

• Condonation for late filing
• Quantum of damages
• Unlawful assault
• Authorisation of legal proceedings by juristic persons

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R v Tanono and Others (CRI/T 73 of 91)

R v Tanono and Others (CRI/T 73 of 91) [1997] LSHC 21 (14 February 1997)

Court

High Court

Case number

CRI/T 73 of 91

The accused were found not to have had the subjective intent to kill required for murder, but their continued and unlawful assault on the deceased after arrest was negligent and unwarranted. Each accused ought reasonably to have foreseen the possibility of death resulting from their conduct. The court found all accused guilty of culpable homicide.

Source excerpt

• Culpable homicide
• Murder
• Unlawful assault
• Arrest by private persons
• Obedience to superior orders

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