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Lesotho Case Law

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Administrative law [2022] LSCA 48

Commissioner of Police v Dlamini (C of A (CIV) 32/2022)

Commissioner of Police v Dlamini (C of A (CIV) 32/2022) [2022] LSCA 48 (11 November 2022)

The Court of Appeal held that the High Court should not have set aside the police commissioner’s discharge of recruits and reinstated them on these facts.

  • Judicial review
  • Discretionary remedies
  • Police recruitment
  • Interim orders
  • Procedural fairness
  • Judicial-review
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Property law [2020] LSCA 41

Lesotho Development & Construction Company (Pty) Ltd v Lesotho Poultry Cooperative Society (C of A (CIV) 59 of 2019)

Lesotho Development & Construction Company (Pty) Ltd v Lesotho Poultry Cooperative Society (C of A (CIV) 59 of 2019) [2020] LSCA 41 (30 October 2020)

The court a quo properly exercised its discretion by ordering that rental income be paid to a third party pending determination of compensation for improvements, and the appellant's entitlement to possession and rental income is not indefinite but subject to quantification and payment of compensation.

  • Lien
  • Compensation for improvements
  • Exercise of judicial discretion
  • Interim orders
  • Collection of rental income
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Land law [2020] LSCA 9

Lesotho Development & Construction Company (Pty) Ltd v Lesotho Poultry Cooperative Society (C of A (CIV) 59 of 2019)

Lesotho Development & Construction Company (Pty) Ltd v Lesotho Poultry Cooperative Society (C of A (CIV) 59 of 2019) [2020] LSCA 9 (29 May 2020)

The Court of Appeal upheld an interim order directing rental payments into trust pending trial over compensation for improvements and a disputed lien on property.

  • Lien
  • Compensation for improvements
  • Possession
  • Interim orders
  • Appellate review of discretion
  • Compensation-for-improvements
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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] LSHC 45

Tumore Civils & Building Construction ( Pty) Ltd v Majara (LC/APN 18)

Tumore Civils & Building Construction ( Pty) Ltd v Majara (LC/APN 18) [2019] LSHC 45 (19 September 2019)

The applicant failed to prove beyond reasonable doubt that the respondents' letter to the police or their alleged participation in the destruction of property constituted contempt of court. The evidence, particularly on identification, was unreliable and contradictory. The letter did not amount to non-compliance with the court order, and the respondents' culpability for contempt was not established.

  • Contempt of court
  • Interim orders
  • Burden of proof
  • Identification evidence
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Civil procedure [2016] LSCA 15

Kaleme tech & Hire v Metsi A Pula Fleet Management Agency (C of A (CIV) 60 of 2015)

Kaleme tech & Hire v Metsi A Pula Fleet Management Agency (C of A (CIV) 60 of 2015) [2016] LSCA 15 (29 April 2016)

Court of Appeal held an urgent ex parte attachment/removal order had final effect, upheld review, and altered costs because of contempt.

  • Interim orders
  • Review proceedings
  • Security for costs
  • Jurisdiction
  • Joinder of parties
  • Costs orders
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Civil procedure [2012] LSCA 36

Mohloai v Ranger (C of A (CIV) 65 of 11)

Mohloai v Ranger (C of A (CIV) 65 of 11) [2012] LSCA 36 (3 September 2012)

The order for security was an interim measure pending the outcome of the rule nisi; the appellant failed to provide sufficient evidence that the respondent was about to leave Lesotho permanently, justifying discharge of the rule nisi.

  • Suspectus de fuga
  • Interim orders
  • Rule nisi
  • Security for release
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Civil procedure [2002] LSCA 12

Kolo Diamond Mines (Pty) Ltd v Monethi & Others (CIV/APN/ 335 of 1)

Kolo Diamond Mines (Pty) Ltd v Monethi & Others (CIV/APN/ 335 of 1) [2002] LSCA 12 (27 March 2002)

The High Court of Lesotho found eight respondents guilty of contempt for returning to a mining site despite a personally served interim interdict.

  • Contempt of court
  • Interim orders
  • Compliance with court orders
  • Contempt-of-court
  • Interim-orders
  • Civil-procedure
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Civil procedure [1997] LSHC 53

Mphanya v Mohaleroe, Sello and Co and others (CIV/APN 462 of 96)

Mphanya v Mohaleroe, Sello and Co and others (CIV/APN 462 of 96) [1997] LSHC 53 (19 June 1997)

The first and second respondents successfully rebutted the inference of wilfulness or mala fides by showing that compliance with the court order was impossible due to conflicting orders and unsettled debts. Therefore, committal for contempt cannot be granted.

  • Contempt of court
  • Execution of judgments
  • Interim orders
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Labour law [1995] LSLC 3

Lesotho Amalgamated Clothing and Textile Workers Union v Crayon Garments (Pty) Ltd (Ruling) (LC 15 of 95)

Lesotho Amalgamated Clothing and Textile Workers Union v Crayon Garments (Pty) Ltd (Ruling) (LC 15 of 95) [1995] LSLC 3 (16 February 1995)

There is no real dispute of fact as the applicant did not deny the additional facts provided by the respondent, rendering them admitted. The interim order's cautious wording would not have led the court to refuse it even if all facts were disclosed. Therefore, the application to set aside the interim order for non-disclosure or procedural irregularity is dismissed.

  • Urgent applications
  • Motion proceedings
  • Dispute of fact
  • Non-disclosure of material facts
  • Interim orders
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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.