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Lesotho Case Law

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Civil procedure [2022] LSCA 45

Khechane v Semonkong Urban Council (C of A (CIV) 36/2022)

Khechane v Semonkong Urban Council (C of A (CIV) 36/2022) [2022] LSCA 45 (11 November 2022)

The Court of Appeal struck out an appeal for lack of leave, holding that section 17 of the Court of Appeal Act is peremptory and a non-compliant appeal is a nullity.

  • Leave to appeal
  • Interdict
  • Onus of proof
  • Absolution from the instance
  • Leave-to-appeal
  • Incompetent-appeal
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Tort [2015] LSHC 24

Sehlabi v Molemohi (CIV/T 518 of 2007)

Sehlabi v Molemohi (CIV/T 518 of 2007) [2015] LSHC 24 (5 February 2015)

High Court case on a motor vehicle collision where the defendant was found negligent for driving on the wrong lane and was ordered to pay damages.

  • Motor vehicle collision
  • Negligence
  • Damages
  • Onus of proof
  • Res ipsa loquitur
  • Motor-vehicle-collision
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Civil procedure [2014] LSCA 49

Moletsane v Sethati (C of A (CIV) 54 of 2013)

Moletsane v Sethati (C of A (CIV) 54 of 2013) [2014] LSCA 49 (24 October 2014)

Once transfer of immovable property has been registered in favour of a purchaser in good faith and without notice of any defect, the sale in execution cannot be set aside, and the respondent failed to prove or allege bad faith or knowledge of defect on the part of the appellant.

  • Sale in execution
  • Transfer of immovable property
  • Good faith purchaser
  • Setting aside sale
  • Onus of proof
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Labour law [2014] LSCA 3

Chen Yun Bo v Paballo Martin Theko and Others (C of A (CIV) 7 of 2014)

Chen Yun Bo v Paballo Martin Theko and Others (C of A (CIV) 7 of 2014) [2014] LSCA 3 (17 April 2014)

The Court of Appeal refused leave to appeal and a stay of execution, holding the applicant could not raise new grounds not argued below.

  • Leave to appeal
  • Dispute of fact
  • Onus of proof
  • Stay of execution
  • Leave-to-appeal
  • Dispute-of-fact
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Contract law [2014] LSCA 11

Ministry of Public Works and Transport and Others v Lesotho Consolidated Civil Contractors (Pty) Ltd (C of A (CIV) 9 of 14)

Ministry of Public Works and Transport and Others v Lesotho Consolidated Civil Contractors (Pty) Ltd (C of A (CIV) 9 of 14) [2014] LSCA 11 (17 April 2014)

The respondent failed to prove that the notice of termination was contrary to public policy or invalid due to pending arbitration; the appellants exercised a contractual right, and the court a quo erred in granting relief to the respondent.

  • Termination of contract
  • Public policy
  • Arbitration
  • Specific performance
  • Onus of proof
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Criminal law [2013] LSHC 119

Tau v Director of Public Prosecutions (CRI/APN 38 of 13)

Tau v Director of Public Prosecutions (CRI/APN 38 of 13) [2013] LSHC 119 (12 December 2013)

High Court of Lesotho refused bail to four applicants charged with murder with alleged ritual elements, holding they had not shown exceptional circumstances.

  • Bail
  • Murder
  • Onus of proof
  • Exceptional circumstances
  • Flight risk
  • Exceptional-circumstances
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Property law [2012] LSCA 43

Mpobole v Letoao and Others (CIV/APN 475 of 2011)

Mpobole v Letoao and Others (CIV/APN 475 of 2011) [2012] LSCA 43 (19 October 2012)

The Court of Appeal held that the appellant failed to prove the validity of a special power of attorney signed by a person under estate administration.

  • Power of attorney
  • Capacity to contract
  • Curatorship
  • Onus of proof
  • Costs
  • Power-of-attorney
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Employment law [2012] LSCA 46

Ministry of Public Service and Another v Lebona (C of A (CIV) 6 of 12)

Ministry of Public Service and Another v Lebona (C of A (CIV) 6 of 12) [2012] LSCA 46 (19 October 2012)

The Court of Appeal held that a Senior Consumer Affairs Officer was not covered by a Savingram for Legal Officers, so the Grade 12 claim failed.

  • Salary grading
  • Interpretation of administrative instruments
  • Onus of proof
  • Employment-law
  • Public-service-law
  • Salary-grading
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Banking law [2012] LSCA 22

Rankoane t/a Pro Links Systems v The Liquidator Lesotho Bank (C of A (CIV) 51 of 2011)

Rankoane t/a Pro Links Systems v The Liquidator Lesotho Bank (C of A (CIV) 51 of 2011) [2012] LSCA 22 (27 April 2012)

Court of Appeal held the appellant proved repayment of a loan and upheld the appeal, setting aside the High Court order and dismissing the claim with costs.

  • Loan repayment
  • Burden of proof
  • Delay in prosecution
  • Documentary evidence
  • Onus of proof
  • Loan-repayment
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Criminal law [2012] LSHC 12

R v Chief Sekonyela (CRI/T 155 of 7)

R v Chief Sekonyela (CRI/T 155 of 7) [2012] LSHC 12 (24 April 2012)

The High Court of Lesotho convicted Chief Sekonyela of murder and sentenced him to 20 years’ imprisonment after finding the Crown proved intentional killing beyond reasonable doubt.

  • Murder
  • Elements of offence
  • Onus of proof
  • Failure to testify
  • Sentencing
  • Extenuating circumstances
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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.