Lesotho Case Law

Pitso Pitso V Principal Secretary- Ministry of Public Works & 3 Others (CCA/0125/2020)

Pitso Pitso V Principal Secretary- Ministry of Public Works & 3 Others (CCA/0125/2020) [2025] LSHC 196 (14 August 2025)

Court

High Court

Case number

CCA/0125/2020

The contract was one of independent contractor, not employment. The applicant was entitled to payment for work done, and the respondents' reliance on Public Service Commission procedures was misplaced. The applicant is entitled to contractual damages for breach of contract.

Source excerpt

• Independent contractor vs employee
• Breach of contract
• Damages

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Teboho Modia V COMPOL (C of A (CIV) 76/2024)

Teboho Modia V COMPOL (C of A (CIV) 76/2024) [2025] LSCA 34 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 76/2024

The Court of Appeal held that a prescription plea in a malicious arrest claim could not be decided without oral evidence and remitted the matter to the High Court.

• Malicious arrest
• Prescription
• Damages
• Remittal
• Judicial caution in language
• Malicious-arrest

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Nkopane Mohlomi V Lesotho National Insurance Company (CIV/T/634/2018)

Nkopane Mohlomi V Lesotho National Insurance Company (CIV/T/634/2018) [2025] LSHC 67 (21 February 2025)

Court

High Court

Case number

CIV/T/634/2018

The plaintiff’s claim, being statutorily limited to M 12,000.00 under section 8(1) of the Motor Vehicle Insurance Order, 1989, falls within the jurisdiction of the Magistrates’ Court. The High Court’s jurisdiction is ousted unless leave is granted, which was not sought or obtained. The special plea on jurisdiction is upheld.

Source excerpt

• Jurisdiction
• Motor vehicle insurance
• Damages
• Special plea

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Mathuso Kao-Liphoto V Senohe Monokoane (CIV/APN/405/2015)

Mathuso Kao-Liphoto V Senohe Monokoane (CIV/APN/405/2015) [2024] LSHC 273 (7 August 2024)

Court

High Court

Case number

CIV/APN/405/2015

High Court of Lesotho motor-vehicle collision case on liability and damages. The court found the defendant negligent and assessed damages using purchase price less depreciation.

• Negligence
• Damages
• Assessment of damages
• Motor vehicle collision
• Motor-vehicle-accident
• Assessment-of-damages

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Maieane Khaketla V COMPOL (CIV/T/0114/2017)

Maieane Khaketla V COMPOL (CIV/T/0114/2017) [2024] LSHC 133 (10 July 2024)

Court

High Court

Case number

CIV/T/0114/2017

The plaintiff’s arrest was lawful as he committed contempt of court in the presence of police, justifying arrest without a warrant under section 24(a) of the Criminal Procedure and Evidence Act. The manner of arrest was not wrongful as the plaintiff refused to comply voluntarily. The subsequent detention was also lawful, and the claims for damages and contumelia fail for lack of wrongfulness.

Source excerpt

• Unlawful arrest
• Detention
• Contempt of court
• Damages
• Police powers

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Moshoeshoe v Lesotho National General Insurance Company Ltd (CIV/T/0172/2016)

Moshoeshoe v Lesotho National General Insurance Company Ltd (CIV/T/0172/2016) [2024] LSHC 43 (8 May 2024)

Court

High Court

Case number

CIV/T/0172/2016

The court found the insured driver negligent in a motor collision and awarded the plaintiff past medical expenses and general damages, but rejected future losses and earning claims.

• Negligence
• Damages
• Motor vehicle accidents
• Contributory negligence
• Assessment of damages
• Delict

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Mpho Masoka V Lesotho National General Insurance Co. Ltd (CIV/T/516/2019)

Mpho Masoka V Lesotho National General Insurance Co. Ltd (CIV/T/516/2019) [2023] LSHC 157 (23 September 2023)

Court

High Court

Case number

CIV/T/516/2019

High Court motor vehicle negligence case finding both drivers equally at fault and awarding the plaintiff 50% of proven damages.

• Negligence
• Motor vehicle accident
• Damages
• Contributory negligence
• Apportionment of fault
• Contributory-negligence

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Thahe V Lesotho National General Insurance Company Limited (CIV/APN/424/2020)

Thahe V Lesotho National General Insurance Company Limited (CIV/APN/424/2020) [2023] LSHC 144 (14 September 2023)

Court

High Court

Case number

CIV/APN/424/2020

The insured driver was solely negligent for the accident, having failed to exercise due care and skill in a built-up area with known pedestrian activity. The plaintiff did not contribute to the accident. The claim for loss of earnings failed for lack of proof, but general damages for pain, suffering, and loss of amenities of life were awarded, less the amount already received from the insured driver.

Source excerpt

• Negligence
• Motor vehicle accident
• Damages
• Contributory negligence

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Tumelo Machachamise V Sechaba Sello & 2 Others (CIV/T/605/2020)

Tumelo Machachamise V Sechaba Sello & 2 Others (CIV/T/605/2020) [2023] LSHC 203 (25 August 2023)

Court

High Court

Case number

CIV/T/605/2020

High Court ruling dismissing absolution from the instance in a vehicle-damage claim after a multi-crash accident, finding enough evidence to proceed.

• Negligence
• Vicarious liability
• Damages
• Absolution from the instance
• Absolution-from-the-instance
• Civil-procedure

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Khabanyane v Commissioner of Police and Others (CIV/T/254/2016)

Khabanyane v Commissioner of Police and Others (CIV/T/254/2016) [2023] LSHC 211 (7 March 2023)

Court

High Court

Case number

CIV/T/254/2016

The High Court found that police unlawfully assaulted the plaintiff at home and awarded general damages, interest from judgment, and costs.

• Police brutality
• Assault
• Damages
• Compensation for personal injury
• State liability
• Rule of law

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