Lesotho Case Law

Palesa Khotso & Ano. V Letshego Financial Services LTD (CCT/0149/2022)

Palesa Khotso & Ano. V Letshego Financial Services LTD (CCT/0149/2022) [2025] LSHC 121 (14 April 2025)

Court

High Court

Case number

CCT/0149/2022

The application was an egregious abuse of the urgency procedure as applicants were properly served, aware of proceedings, and the execution process complied with the rules. No urgency or substantive irregularity was established. Applicants failed to meet requirements for interim interdict. Application dismissed with punitive costs.

Source excerpt

• Urgent applications
• Writ of execution
• Abuse of process
• Interim interdicts
• Attachment and sale in execution

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Paul Lesholu V Mofihli Noosi & 4 Others (CIV/APN/265/2021)

Paul Lesholu V Mofihli Noosi & 4 Others (CIV/APN/265/2021) [2024] LSHC 108 (18 June 2024)

Court

High Court

Case number

CIV/APN/265/2021

Where a respondent does not file an intention to oppose, Rule 8(13) does not require the applicant to set the matter down. The respondents' failure to prosecute the review application for over a year, despite repeated requests, constitutes inordinate and inexcusable delay, causing prejudice to the applicant and justifying dismissal for want of prosecution.

Source excerpt

• Dismissal for want of prosecution
• Inordinate delay
• High court rules
• Abuse of process

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Molumo V Lesotho Police Staff (CCA/0143/2022)

Molumo V Lesotho Police Staff (CCA/0143/2022) [2023] LSHC 253 (14 September 2023)

Court

High Court

Case number

CCA/0143/2022

The High Court of Lesotho dismissed an urgent application to stop salary deductions, finding abuse of urgency procedure and no prima facie right to interim relief.

• Interim interdicts
• Urgency procedure
• Abuse of process
• Loan repayment disputes
• Interim-interdicts
• Urgency-procedure

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Setlojoane V COMPOL (CONST Case No 11 of 2021)

Setlojoane V COMPOL (CONST Case No 11 of 2021) [2023] LSHC 136 (14 September 2023)

Court

High Court

Case number

CONST Case No 11 of 2021

The High Court, sitting as a Constitutional Court, dismissed a challenge over police demands for client files and fees, holding that adequate trial remedies existed.

• Lawyer-client privilege
• Fair trial rights
• Money laundering
• Prosecutorial discretion
• Abuse of process
• Lawyer-client-privilege

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Beleme Lebajoa V COMPOL (CIV/APN/0178/2022)

Beleme Lebajoa V COMPOL (CIV/APN/0178/2022) [2023] LSHC 126 (3 August 2023)

Court

High Court

Case number

CIV/APN/0178/2022

The High Court of Lesotho ordered the first respondent to pay wasted costs on an attorney-and-client scale after a last-minute recusal application caused a postponement.

• Costs
• Attorney-client costs
• Abuse of process
• Postponement
• Recusal
• Attorney-client-costs

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Khaketla v Director of Public Prosecutions (CRI/T/0098/2017)

Khaketla v Director of Public Prosecutions (CRI/T/0098/2017) [2022] LSHC 40 (2 June 2022)

Court

High Court

Case number

CRI/T/0098/2017

The prosecution's repeated and unjustified delays, including failure to replace counsel and respond to urgent correspondence, violated the accused's constitutional right to a fair and speedy trial. The delays were attributable to the Crown, and the application for postponement was not supported by compelling reasons or evidence. The cumulative effect of these delays amounted to an abuse of process, justifying a permanent stay of prosecution.

Source excerpt

• Right to fair trial
• Right to speedy trial
• Abuse of process
• Prosecutorial delay
• Permanent stay of prosecution

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Tholo Energy Pty Ltd v Letseng Diamond Pty,ltd (CCA/0013/2022)

Tholo Energy Pty Ltd v Letseng Diamond Pty,ltd (CCA/0013/2022) [2022] LSHC 28 (29 April 2022)

Court

High Court

Case number

CCA/0013/2022

Urgent interim interdict refused for self-created urgency, inadequate notice, and failure to show a prima facie right. Costs were punitive.

• Urgent applications
• Interim interdicts
• Contract termination
• Costs orders
• Abuse of process
• Urgent-applications

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Eldaro Trading (Pty) Ltd v Meraka (Pty) Ltd (C of A (CIV) 18 of 2019)

Eldaro Trading (Pty) Ltd v Meraka (Pty) Ltd (C of A (CIV) 18 of 2019) [2020] LSCA 4 (29 May 2020)

Court

Court of Appeal

Case number

C of A (CIV) 18 of 2019

The Appeal Court dismissed a liquidation appeal, finding no proof of commercial insolvency and holding that the proceedings were used to pressure payment.

• Liquidation proceedings
• Joinder of parties
• Commercial insolvency
• Abuse of process
• Liquidation-proceedings
• Commercial-insolvency

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Ramahloko v The Learned Magistrate Mr. Kolobe (CIV/APN 77 of 19)

Ramahloko v The Learned Magistrate Mr. Kolobe (CIV/APN 77 of 19) [2019] LSHC 55 (12 September 2019)

Court

High Court

Case number

CIV/APN 77 of 19

The High Court dismissed an urgent ex parte review, finding the urgency self-created and the certificate of urgency perfunctory.

• Urgent applications
• Ex parte procedure
• Custody and access
• Abuse of process
• Certification of urgency
• Urgent-applications

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Nkhabu v Lerotholi (C of A (CIV) 27 of 2016)

Nkhabu v Lerotholi (C of A (CIV) 27 of 2016) [2018] LSCA 27 (7 December 2018)

Court

Court of Appeal

Case number

C of A (CIV) 27 of 2016

The Court of Appeal varied a costs order after finding the lower court misdirected itself. The Magistrate’s Court had dismissed the earlier matter for lack of jurisdiction, not on the merits.

• Costs
• Res judicata
• Abuse of process
• Jurisdiction
• Res-judicata
• Abuse-of-process

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