Lesotho Case Law

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)

Court

Court of Appeal

Case number

C of A (CIV) No.37/2025

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.

Source excerpt

• Rescission of default judgment
• Condonation for late filing
• Power of attorney
• Judicial discretion

Read case analysis

Kelebone Selemo V Khethisa Molapo & 4 Others (C of A (CIV) 38/2023)

Kelebone Selemo V Khethisa Molapo & 4 Others (C of A (CIV) 38/2023) [2025] LSCA 17 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 38/2023

The appellant failed to comply with the mandatory requirement to file an answer within 14 days under Rule 18(2) of the District Land Court Rules, did not provide a reasonable explanation for his default, and did not disclose a bona fide defence. The requirements for rescission were not met, and the appeal was dismissed.

Source excerpt

• Rescission of default judgment
• Audi alteram partem
• District land court rules
• Bona fide defence

Read case analysis

Leseli Hub Limited v Legalize Daily (C of A (CIV) 47/2022)

Leseli Hub Limited v Legalize Daily (C of A (CIV) 47/2022) [2022] LSCA 38 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 47/2022

The appeal was dismissed because the appellant failed to bring a formal application for condonation for the late rescission application, and the delay was conceded to be wilful and egregious. Without a satisfactory explanation for the default, the application could not succeed, making it unnecessary to consider the merits or prospects of success.

Source excerpt

• Rescission of default judgment
• Condonation
• Civil appeals

Read case analysis

Monaheng v Mapiloko (C of A (CIV) 49 of 2017)

Monaheng v Mapiloko (C of A (CIV) 49 of 2017) [2019] LSCA 50 (1 November 2019)

Court

Court of Appeal

Case number

C of A (CIV) 49 of 2017

The Court of Appeal set aside a default judgment and granted rescission, holding the judgment was erroneously granted, a necessary driver was not joined, and the veil was improperly pierced.

• Rescission of default judgment
• Piercing the corporate veil
• Negligence
• Non-joinder of parties
• Pleadings
• Rescission-of-default-judgment

Read case analysis

Meraka Lesotho Abattoir and Feedlot (Pty) Ltd v Hlalele and Another (LC/REV 91 of 11)

Meraka Lesotho Abattoir and Feedlot (Pty) Ltd v Hlalele and Another (LC/REV 91 of 11) [2015] LSLC 22 (22 April 2015)

Court

Labour Court

Case number

LC/REV 91 of 11

The Labour Court reviewed a rescission dismissal, finding no evidence that the employee’s probationary dismissal fell within the statutory exception for unfair dismissal.

• Unfair dismissal
• Probationary employment
• Rescission of default judgment
• Review of arbitral award
• Labour-law
• Unfair-dismissal

Read case analysis

Thabang Nqaka v The Registrar of the High Court and Others (C of A (CIV) 24 of 2013)

Thabang Nqaka v The Registrar of the High Court and Others (C of A (CIV) 24 of 2013) [2013] LSCA 24 (18 October 2013)

Court

Court of Appeal

Case number

C of A (CIV) 24 of 2013

The Court of Appeal upheld rescission of a default judgment, finding good cause under Rule 27(6) despite a weak explanation for non-appearance and delay.

• Rescission of default judgment
• Good cause
• Explanation for default
• Bona fide defence
• Delay in application
• Rescission-of-default-judgment

Read case analysis

Lesotho Freight and Bus Service Cooperation v Teboho Prosente and Another (LC/REV 6 of 11)

Lesotho Freight and Bus Service Cooperation v Teboho Prosente and Another (LC/REV 6 of 11) [2013] LSLC 56 (9 September 2013)

Court

Labour Court

Case number

LC/REV 6 of 11

The Labour Court reviewed and set aside a refusal to rescind a default award, holding the applicant’s non-attendance was excusable and ordering a fresh hearing.

• Rescission of default judgment
• Audi alteram partem
• Representation in proceedings
• Rescission-of-default-judgment
• Audi-alteram-partem
• Labour-law

Read case analysis

Monahali Construction v Solindaba Tjama and Another (LC/REV 2 of 12)

Monahali Construction v Solindaba Tjama and Another (LC/REV 2 of 12) [2013] LSLC 36 (16 July 2013)

Court

Labour Court

Case number

LC/REV 2 of 12

The Labour Court of Lesotho upheld refusal of condonation for a late rescission application, finding no irregularity in the DDPR proceedings.

• Condonation
• Rescission of default judgment
• Review of arbitration award
• Rescission-of-default-judgment
• Labour-review
• Ddpr-proceedings

Read case analysis

Dambha v Standard Lesotho Bank Ltd and Another (C of A (CIV) 46 of 2011)

Dambha v Standard Lesotho Bank Ltd and Another (C of A (CIV) 46 of 2011) [2012] LSCA 20 (27 April 2012)

Court

Court of Appeal

Case number

C of A (CIV) 46 of 2011

The Court of Appeal of Lesotho dismissed condonation for a late appeal, finding the delay unsatisfactorily explained and the appeal lacking prospects of success.

• Rescission of default judgment
• Condonation for late appeal
• Court rules compliance
• Condonation
• Late-appeal
• Rescission-of-default-judgment

Read case analysis

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)

Court

Labour Court

Case number

LC/REV 97 of 10

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

Read case analysis