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Lesotho Case Law

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Civil procedure [2025] LSCA 62

Lesotho Police Staff Association V Tanki Ratsiu & 5 Others (C of A (CIV) No.38/2025)

Lesotho Police Staff Association V Tanki Ratsiu & 5 Others (C of A (CIV) No.38/2025) [2025] LSCA 62 (7 November 2025)

The Court of Appeal set aside punitive costs against the appellant, holding it had been improperly joined and was not heard before the adverse order.

  • Punitive costs
  • Misjoinder
  • Audi alteram partem
  • Judicial discretion
  • Appellate review
  • Punitive-costs
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Civil procedure [2025] LSCA 61

Lesotho Association of Non-Formal Education V Women Going Beyond & Ano. (C of A (CIV) No.37/2025)

Lesotho Association of Non-Formal Education V Women Going Beyond & Ano. (C of A (CIV) No.37/2025) [2025] LSCA 61 (7 November 2025)

The High Court misdirected itself by refusing rescission solely on procedural lateness without assessing good cause and prospects of success. The Court of Appeal found that the absence of a formal condonation application was not fatal and that the matter should be remitted for a hearing on the merits.

  • Rescission of default judgment
  • Condonation for late filing
  • Power of attorney
  • Judicial discretion
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Civil procedure [2025] LSCA 28

Makhakhe Makhakhe V Thato Masoabi & Ano. (C of A (CIV) 68/2024)

Makhakhe Makhakhe V Thato Masoabi & Ano. (C of A (CIV) 68/2024) [2025] LSCA 28 (2 May 2025)

The Court of Appeal dismissed an appeal against refusal to rescind a default judgment, finding no reasonable excuse for default and no bona fide defence.

  • Rescission of judgment
  • Condonation
  • Default judgment
  • Judicial discretion
  • Finality in litigation
  • Rescission-of-judgment
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Land law [2025] LSHC 54

African Methodist Episcopal CHurch Lesotho V Bohlokoa Tenei & 2 Others (LC/APN/0024/2024)

African Methodist Episcopal CHurch Lesotho V Bohlokoa Tenei & 2 Others (LC/APN/0024/2024) [2025] LSHC 54 (7 March 2025)

Given the unique circumstances where the determination of the case is holding up a significant development project, and the history of repeated delays in the lower court, the interests of justice require expeditious resolution. The application for removal is granted, but the court emphasizes that congested rolls alone are not sufficient grounds for transfer; there must be a proper factual basis justifying removal.

  • Removal of proceedings
  • Court congestion
  • Expeditious disposal
  • Judicial discretion
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Criminal law [2024] LSCA 45

Mothusi Sello & 4 Others V Director of Public Prosecution (C of A (CRI) No 10/2024)

Mothusi Sello & 4 Others V Director of Public Prosecution (C of A (CRI) No 10/2024) [2024] LSCA 45 (1 November 2024)

The Court of Appeal of Lesotho dismissed a bail appeal in a common-purpose murder case, holding that the appellants failed to show exceptional circumstances.

  • Bail
  • Murder
  • Common purpose
  • Exceptional circumstances
  • Judicial discretion
  • Common-purpose
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Civil procedure [2024] LSHC 117

Lipholo Moholobela V Lesotho National General Insurance CO, LTD (CIV/T/62/2019)

Lipholo Moholobela V Lesotho National General Insurance CO, LTD (CIV/T/62/2019) [2024] LSHC 117 (15 July 2024)

The High Court of Lesotho granted an inspection in loco in a motor-vehicle compensation claim to resolve conflicting evidence about the road’s condition at impact.

  • Inspection in loco
  • Motor vehicle accident compensation
  • Judicial discretion
  • Inspection-in-loco
  • Civil-procedure
  • Motor-vehicle-accident-compensation
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Civil procedure [2022] LSCA 13

Khatala v Commissioner of Correctional Service (C of A No. 45/2021)

Khatala v Commissioner of Correctional Service (C of A No. 45/2021) [2022] LSCA 13 (13 May 2022)

The Court of Appeal of Lesotho dismissed a condonation application after an eight-year delay in noting an appeal and struck the appeal from the roll with costs.

  • Condonation for late filing
  • Legitimate expectation
  • Reinstatement
  • Salary arrears
  • Judicial discretion
  • Condonation-for-late-filing
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Tort law [2020] LSCA 37

Jonas v The Commissioner of Police (C of A (CIV) 53 of 2019)

Jonas v The Commissioner of Police (C of A (CIV) 53 of 2019) [2020] LSCA 37 (30 October 2020)

The Court of Appeal increased damages for unlawful arrest, detention and injuria, finding the High Court award too low in light of police misconduct.

  • Unlawful arrest
  • Unlawful detention
  • Injuria
  • Damages
  • Condonation
  • Judicial discretion
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Labour law [2014] LSLC 13

Lesotho Highland Development Authority v Tseliso Macheli and Another (LC/REV 52 of 12)

Lesotho Highland Development Authority v Tseliso Macheli and Another (LC/REV 52 of 12) [2014] LSLC 13 (24 March 2014)

The Labour Court reviewed and set aside a DDPR refusal to rescind a default award, holding the arbitrator failed to consider prospects of success and applied the wrong test.

  • Rescission of arbitral award
  • Review of arbitral proceedings
  • Audi alteram partem
  • Judicial discretion
  • Default judgment
  • Rescission
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Labour law [2011] LSLC 30

Pick 'N Pay Hypermarket (Pty) Ltd v Mokone and Another (LC/REV 97 of 10)

Pick 'N Pay Hypermarket (Pty) Ltd v Mokone and Another (LC/REV 97 of 10) [2011] LSLC 30 (21 October 2011)

The Labour Court set aside a DDPR default award after finding the arbitrator failed to properly consider the applicant’s explanation for non-attendance.

  • Review of arbitral award
  • Rescission of default judgment
  • Gross irregularity
  • Judicial discretion
  • Review-of-arbitral-award
  • Rescission-of-default-judgment
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About this LexChat collection

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.