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Lesotho Case Law

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Criminal law [2023] LSHC 254

Rex V Sebilo & 6 Others (CRI/T/0205/2017)

Rex V Sebilo & 6 Others (CRI/T/0205/2017) [2023] LSHC 254 (19 October 2023)

The High Court of Lesotho discharged seven accused at the close of the Crown’s case, finding no prima facie evidence linking them to the alleged murder.

  • Murder
  • Application for discharge
  • Prima facie case
  • Contradictory evidence
  • Actus reus
  • Criminal-law
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Contract law [2022] LSHC 99

Khasane v Khasane (CIV/APN/396/2022)

Khasane v Khasane (CIV/APN/396/2022) [2022] LSHC 99 (22 August 2022)

The High Court of Lesotho dismissed an application seeking payment of a deceased employee’s benefits, holding that the alleged nomination form was not proved.

  • Stipulatio alteri
  • Third party beneficiary
  • Nomination of beneficiaries
  • Motion proceedings
  • Evidence in applications
  • Contract-law
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Civil procedure [2022] LSCA 5

Molupe v Lesotho National General Insurance Co. Ltd (C of A No.08/2022)

Molupe v Lesotho National General Insurance Co. Ltd (C of A No.08/2022) [2022] LSCA 5 (13 May 2022)

The Court of Appeal struck the appeal off the roll because there was no fully transcribed High Court record, making the quantum challenge impossible to decide.

  • Quantum of damages
  • Appeal procedure
  • Evidence admissibility
  • Appeal-procedure
  • Appellate-record
  • Quantum-of-damages
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Administrative law [2019] LSHC 7

Joel v Chief Khethisa Tau (CIV/APN 86 of 2016)

Joel v Chief Khethisa Tau (CIV/APN 86 of 2016) [2019] LSHC 7 (25 March 2019)

The High Court of Lesotho set aside a Boundary Committee decision, holding that it wrongly preferred hearsay over an archival record fixing a chiefdom boundary in 1909.

  • Boundary dispute
  • Chieftainship
  • Evidentiary value of archival records
  • Administrative-law
  • Customary-law
  • Boundary-dispute
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Civil procedure [2017] LSHC 6

Phuthi Transport (Pty) Ltd v Khiba (CIV/T 593 of 2010)

Phuthi Transport (Pty) Ltd v Khiba (CIV/T 593 of 2010) [2017] LSHC 6 (6 March 2017)

The High Court of Lesotho granted absolution from the instance after finding the plaintiff had not proved that payments to the defendant were meant for the LRA.

  • Absolution from the instance
  • Burden of proof
  • Evidence
  • Absolution-from-the-instance
  • Burden-of-proof
  • Civil-procedure
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Land law [2013] LSHC 111

Makhele v Ramaleshoane (CIV/A 12 of 11)

Makhele v Ramaleshoane (CIV/A 12 of 11) [2013] LSHC 111 (28 February 2013)

The High Court dismissed an appeal over a disputed land site, holding that factual findings below stood and that the second allocation was void ab initio.

  • Land allocation
  • Title to land
  • Appeals
  • Inheritance
  • Land-law
  • Civil-appeals
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Banking law [2012] LSHC 49

The Liquidator Lesotho Bank v Nkalai (CCT 65 of 2007)

The Liquidator Lesotho Bank v Nkalai (CCT 65 of 2007) [2012] LSHC 49 (10 July 2012)

The High Court dismissed a bank liquidator’s claim for loan arrears, finding the bank records unreliable and insufficient to prove default or quantum.

  • Hire purchase agreement
  • Loan repayment
  • Bank liquidation
  • Evidence
  • Record keeping
  • Burden of proof
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Criminal law [2011] LSHC 115

R v Qacha (Review Case 26 of 2011)

R v Qacha (Review Case 26 of 2011) [2011] LSHC 115 (28 July 2011)

Automatic review of a sexual offence conviction and 12-year sentence. The High Court of Lesotho upheld the magistrate’s findings and certified the proceedings as regular.

  • Sexual offences
  • Rape
  • Evidence
  • Sentencing
  • Criminal-law
  • Sexual-offences
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Civil procedure [2010] LSHC 9

Standard Lesotho Bank Ltd v Mahomed (CIV/T 182 of 2010)

Standard Lesotho Bank Ltd v Mahomed (CIV/T 182 of 2010) [2010] LSHC 9 (7 June 2010)

The High Court of Lesotho dismissed a bank’s summary judgment application, holding that the summons was inadequately pleaded and annexed evidential copies were improper.

  • Summary judgment
  • Pleadings
  • Evidence in civil procedure
  • Summary-judgment
  • Civil-procedure
  • Evidence
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Contract law [2009] LSCA 23

Qalo High School v School General Services (C of A (CIV) 22 of 8)

Qalo High School v School General Services (C of A (CIV) 22 of 8) [2009] LSCA 23 (23 October 2009)

The Court of Appeal of Lesotho held that the school was liable for the price of books sold and delivered, not merely an agent for resale to pupils.

  • Sale of goods
  • Agency
  • Evidence
  • Costs
  • Sale-of-goods
  • Civil-appeal
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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.