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Lesotho Case Law

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Civil procedure [2022] LSHC 161

Khasoane T/a Molemo Bricks v Letseng Diamond (CCA/0117/2022)

Khasoane T/a Molemo Bricks v Letseng Diamond (CCA/0117/2022) [2022] LSHC 161 (23 November 2022)

The applicant failed to demonstrate genuine urgency as he could be afforded substantial redress in due course, specifically through a claim for damages. The application was an abuse of court process due to undue haste and lack of justification for urgency.

  • Urgent applications
  • Interdicts
  • Abuse of court process
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Civil procedure [2022] LSHC 66

Bonang Seisa T/a Bafokeng General Café v First National Bank Lesotho (CCT/0381/2020)

Bonang Seisa T/a Bafokeng General Café v First National Bank Lesotho (CCT/0381/2020) [2022] LSHC 66 (25 August 2022)

Urgent rescission application dismissed for abuse of the urgency procedure and failure to show good cause under Rule 27.

  • Urgency procedure
  • Rescission of judgment
  • Abuse of court process
  • Default judgment
  • Rescission-of-judgment
  • Urgent-applications
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Civil procedure [2022] LSHC 71

Platinum Credit Limited v First National Bank Lesotho (CCT/0241/2022)

Platinum Credit Limited v First National Bank Lesotho (CCT/0241/2022) [2022] LSHC 71 (5 August 2022)

The application was not urgent as the urgency was self-created, and the Applicant was abusing the court process by hastily instituting proceedings and failing to comply with previous court orders. The matter was dismissed for lack of urgency and abuse of process.

  • Urgency in applications
  • Abuse of court process
  • Freezing of bank accounts
  • Confidentiality of banking information
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Criminal law [2022] LSHC 85

Ts'ehla v Tau (CRI/REV/0006/2021)

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.

  • Bail
  • Review of magistrate's decision
  • Stay of execution
  • Abuse of court process
  • Criminal-review
  • Stay-of-execution
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Civil procedure [2022] LSHC 3

Makeka v Africa Media Holdings (CCA/0085/2021)

Makeka v Africa Media Holdings (CCA/0085/2021) [2022] LSHC 3 (9 February 2022)

The High Court discharged a rule nisi in an ex parte landlord-tenant dispute, finding material non-disclosure, no proven rent arrears, and awarding punitive costs.

  • Ex parte applications
  • Material non-disclosure
  • Tacit hypothec
  • Costs de bonis propriis
  • Attorney and client costs
  • Abuse of court process
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Civil procedure [2015] LSHC 55

Richard Moeletsi v Letsitsi Ndondozela and Others (LC/APN 2014)

Richard Moeletsi v Letsitsi Ndondozela and Others (LC/APN 2014) [2015] LSHC 55 (15 December 2015)

The Land Court dismissed an application to reinstate a withdrawn matter, holding that once withdrawn it is no longer before court and cannot be revived.

  • Withdrawal of proceedings
  • Reinstatement of struck-off matters
  • Abuse of court process
  • Jurisdiction
  • Withdrawal-of-proceedings
  • Reinstatement-of-matter
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Labour law [2013] LSLC 55

South Asia International (Pty) Ltd v Neo Mojalefa and Another (LC/REV 517 of 2006)

South Asia International (Pty) Ltd v Neo Mojalefa and Another (LC/REV 517 of 2006) [2013] LSLC 55 (22 July 2013)

The Labour Court of Lesotho refused a postponement and dismissed a stale review for want of prosecution, leaving the DDPR award in force.

  • Dismissal for want of prosecution
  • Review of arbitral award
  • Postponement of proceedings
  • Abuse of court process
  • Dismissal-for-want-of-prosecution
  • Postponement-of-proceedings
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Company law [2010] LSHC 110

Keaboka Refiloe Ramatlapeng v Drytex (Pty) Ltd (CCT 57 of 2010)

Keaboka Refiloe Ramatlapeng v Drytex (Pty) Ltd (CCT 57 of 2010) [2010] LSHC 110 (7 December 2010)

Applicant failed to prove locus standi as shareholder or director, and although a contingent creditor, did not establish that respondent was unable to pay its debts or that it was just and equitable to wind up the company. The debt was settled, no statutory demand was served, and the company remained a going concern. Application dismissed and rule nisi discharged.

  • Provisional liquidation
  • Locus standi of creditor
  • Just and equitable winding up
  • Company's inability to pay debts
  • Abuse of court process
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Civil procedure [2002] LSCA 141

O-River Textiles (Pty) Ltd v Mokoba & Others (CIV/APN/ 156 of 2002)

O-River Textiles (Pty) Ltd v Mokoba & Others (CIV/APN/ 156 of 2002) [2002] LSCA 141 (19 September 2002)

The High Court of Lesotho dismissed an attempt to rescind or vary a costs order after the applicant withdrew its application, finding no basis under Rule 45.

  • Withdrawal of application
  • Costs
  • Rescission of order
  • Abuse of court process
  • Civil-procedure
  • Rescission
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Civil procedure [2001] LSCA 130

Kolo Diamond Mines Ltd v Mosebo & Another (CIV/APN/ 361 of 1)

Kolo Diamond Mines Ltd v Mosebo & Another (CIV/APN/ 361 of 1) [2001] LSCA 130 (13 September 2001)

An urgent application for condonation and consolidation was withdrawn after opposition. The court held the approach was an abuse of process and awarded attorney-client costs.

  • Urgent applications
  • Consolidation of actions
  • Abuse of court process
  • Costs
  • Civil-procedure
  • Urgent-applications
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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.