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Lesotho Case Law

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Insolvency [2022] LSHC 138

Louro v Gcp Equipment (Pty) Ltd (CCA/0052/2022)

Louro v Gcp Equipment (Pty) Ltd (CCA/0052/2022) [2022] LSHC 138 (21 October 2022)

The High Court held it had jurisdiction to hear the liquidator’s application, but discharged the interim order for material non-disclosure in the ex parte proceedings.

  • Liquidator's powers
  • Jurisdiction of high court
  • Ex parte applications
  • Material non-disclosure
  • Landlord's tacit hypothec
  • Insolvency
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Civil procedure [2022] LSHC 12

Puma Energy Lesotho (Pty) Ltd v Russell (CIV/A/30/2021)

Puma Energy Lesotho (Pty) Ltd v Russell (CIV/A/30/2021) [2022] LSHC 12 (17 March 2022)

On appeal, the High Court set aside ex parte interim relief granted by a magistrate, holding that the court relied on issues not pleaded and denied a hearing.

  • Audi alteram partem
  • Ex parte applications
  • Jurisdiction
  • Pleadings
  • Interdicts
  • Sublease agreements
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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 [2020] LSHC 44

The School Board-Letlotlo Junior School v Fekefeke (CIV/APN 49 of 20)

The School Board-Letlotlo Junior School v Fekefeke (CIV/APN 49 of 20) [2020] LSHC 44 (5 March 2020)

The High Court declined to review magistrate’s court proceedings that were still unfinished, holding that no rare injustice justified piecemeal review.

  • Review of unterminated proceedings
  • Ex parte applications
  • Disclosure obligations
  • Interim orders
  • Civil-procedure
  • Judicial-review
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Civil procedure [2019] LSCA 49

Mohlouoa v Motsamai (C of A (CIV) 49 of 2018)

Mohlouoa v Motsamai (C of A (CIV) 49 of 2018) [2019] LSCA 49 (1 November 2019)

The Court of Appeal held that failure to serve the Master of the High Court before issuing a deceased-estate application under Rule 8(19) was fatal.

  • Compliance with court rules
  • Deceased estates
  • Ex parte applications
  • Condonation
  • Civil-procedure
  • Deceased-estates
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Civil procedure [2012] LSHC 50

Palime and Others v Makhulong Multi Finance (Pty) Ltd and Others (CCA 23 of 2012)

Palime and Others v Makhulong Multi Finance (Pty) Ltd and Others (CCA 23 of 2012) [2012] LSHC 50 (8 October 2012)

The High Court rescinded an earlier salary-deduction order because substituted service had been granted on a material mistake of fact.

  • Rescission of judgment
  • Substituted service
  • Mistake of fact
  • Ex parte applications
  • Loan recovery
  • Salary deductions
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Civil procedure [2012] LSHC 88

Private Sector Foundation of Lesotho v Thabo Qhesi and Others (CIV/APN 311 of 2012)

Private Sector Foundation of Lesotho v Thabo Qhesi and Others (CIV/APN 311 of 2012) [2012] LSHC 88 (1 August 2012)

The High Court discharged an ex parte rule nisi, holding that the interim orders had final effect, the PSFL meeting was not properly convened, and interested parties were not joined.

  • Ex parte applications
  • Urgency
  • Rule nisi
  • Interdicts
  • Voluntary associations
  • Constitutional compliance
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Company law [2012] LSHC 56

Seroma Sandstone production (Pty) Ltd v Kotelo and Others (CIV/APN 601 of 2011)

Seroma Sandstone production (Pty) Ltd v Kotelo and Others (CIV/APN 601 of 2011) [2012] LSHC 56 (29 February 2012)

The High Court dismissed an ex parte interdict over a VAT refund, finding no proper authority, material non-disclosure, and an unsupported fraud allegation.

  • Authority of company officers
  • Ex parte applications
  • Material non-disclosure
  • Costs against company officers
  • Allegations of fraud
  • Ex-parte-applications
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Company law [2010] LSHC 11

Lesotho Public Motor Transport Co. (Pty) Ltd and Another v Registrar of Companies and Another, Lesotho Public Motor Transport Co. (Pty) Ltd and Another v Mohaleroe and Others (CIV/APN/264 OF 2009; CIV/APN/504/09)

Lesotho Public Motor Transport Co. (Pty) Ltd and Another v Registrar of Companies and Another, Lesotho Public Motor Transport Co. (Pty) Ltd and Another v Mohaleroe and Others (CIV/APN/264 OF 2009; CIV/APN/504/09) [2010] LSHC 11 (7 July 2010)

Makhoabe Mohaleroe was never validly appointed as director due to lack of proper notice for his appointment and statutory disqualification under section 144(1)(d) of the Companies Act. Leave of court to act as director was not retroactive. The extraordinary general meeting and resolutions were valid. The Registrar is ordered to register the new directors. Tenants must pay rent to the Company, not the Mohaleroes. Costs awarded against the Mohaleroes and relevant respondents. Serious concerns about legal representatives' conflict of interest and lack of disclosure are referred to the Law Societ…

  • Directorship qualification and removal
  • Shareholder rights
  • Conflict of interest (legal profession)
  • Ex parte applications
  • Court orders registration
  • Tenancy and rental payments
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Civil procedure [2010] LSHC 10

Boliba-Multi Purpose Cooperative Society v Sejanamane (CCT 85 of 2009)

Boliba-Multi Purpose Cooperative Society v Sejanamane (CCT 85 of 2009) [2010] LSHC 10 (25 June 2010)

The High Court of Lesotho discharged a rule nisi and refused to set aside a default judgment, finding no procedural irregularity or bona fide defence.

  • Default judgment
  • Rescission of judgment
  • Loan agreement
  • Urgent applications
  • Ex parte applications
  • Default-judgment
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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.