Lesotho Case Law

Lesotho College of Education Staff Union V The Governing Council-Lesotho College of Education & 4 Others (CIV/APN/0175/2024)

Lesotho College of Education Staff Union V The Governing Council-Lesotho College of Education & 4 Others (CIV/APN/0175/2024) [2024] LSHC 119 (23 July 2024)

Court

High Court

Case number

CIV/APN/0175/2024

The High Court of Lesotho dismissed a staff union’s application over the Rector recruitment process, finding the applicant lacked locus standi to seek the reliefs.

• Locus standi
• Interdicts
• Non-joinder
• Urgency in applications
• Locus-standi
• Urgent-applications

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COLEPE V Maseru City Council & 4 Others (CIV/APN/0040/2024)

COLEPE V Maseru City Council & 4 Others (CIV/APN/0040/2024) [2024] LSHC 48 (28 March 2024)

Court

High Court

Case number

CIV/APN/0040/2024

The High Court dismissed an urgent challenge to refusal of a procession permit, holding that the applicants had not exhausted the statutory appeal to the Minister.

• Exhaustion of local remedies
• Freedom of association
• Freedom of expression
• Judicial review
• Public processions
• Urgency in applications

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Vishan Clothing Industries v Niminta Fashion (Pty) Ltd (C of A (CIV) 01/2023)

Vishan Clothing Industries v Niminta Fashion (Pty) Ltd (C of A (CIV) 01/2023) [2023] LSCA 4 (17 November 2023)

Court

Court of Appeal

Case number

C of A (CIV) 01/2023

The Court of Appeal allowed an appeal and granted anti-asset dissipation relief, finding a reasonable apprehension that assets were being moved to defeat judgment.

• Urgency in applications
• Mareva injunction
• Anti-asset dissipation interdict
• Attachment of assets
• Costs orders
• Mareva-injunction

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Platcorp Holdings Limited v Platinum Credit Limited (CCA/0109/2022)

Platcorp Holdings Limited v Platinum Credit Limited (CCA/0109/2022) [2022] LSHC 160 (14 December 2022)

Court

High Court

Case number

CCA/0109/2022

The High Court of Lesotho varied interlocutory orders to account for FNB’s termination of its banking relationship with Platinum Credit Limited.

• Variation of court orders
• Interlocutory orders
• Urgency in applications
• Bank account management
• Restoration of status quo ante
• Variation-of-court-orders

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Jappie Catering v Ministry of Health (CCA/0113/2022)

Jappie Catering v Ministry of Health (CCA/0113/2022) [2022] LSHC 170 (15 November 2022)

Court

High Court

Case number

CCA/0113/2022

Applicant failed to establish urgency as business loss does not justify preferential treatment; failed to prove a prima facie right or irreparable harm as contract had expired and no constitutional discrimination was shown; interim interdict requirements not met.

Source excerpt

• Urgency in applications
• Interim interdicts
• Legitimate expectation
• Discrimination
• Public procurement process

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Nthulenyane T/a Cheeze General Dealer v Broom of Africa (CCT/0418/2022)

Nthulenyane T/a Cheeze General Dealer v Broom of Africa (CCT/0418/2022) [2022] LSHC 139 (16 September 2022)

Court

High Court

Case number

CCT/0418/2022

The High Court dismissed an urgent application for a temporary interdict, finding no urgency, no prima facie right, and material non-disclosure.

• Temporary interdict
• Urgency in applications
• Material non-disclosure
• Termination of contract
• Costs
• Temporary-interdict

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Platinum Credit Limited v First National Bank Lesotho (CCT/0241/2022)

Platinum Credit Limited v First National Bank Lesotho (CCT/0241/2022) [2022] LSHC 71 (5 August 2022)

Court

High Court

Case number

CCT/0241/2022

The application was not urgent as the urgency was self-created, and the Applicant was abusing the court process by hastily instituting proceedings and failing to comply with previous court orders. The matter was dismissed for lack of urgency and abuse of process.

Source excerpt

• Urgency in applications
• Abuse of court process
• Freezing of bank accounts
• Confidentiality of banking information

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Mokaeane v Palime (CIV/T/351/2021)

Mokaeane v Palime (CIV/T/351/2021) [2022] LSHC 110 (29 June 2022)

Court

High Court

Case number

CIV/T/351/2021

High Court of Lesotho refused rescission of an order dismissing a prior rescission application, holding that urgency was not shown and Rule 45(1)(a) was not met.

• Rescission of judgment
• Authority of counsel
• Urgency in applications
• Default judgment
• Costs
• Rescission-of-judgment

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Mokhotho and Others v Mamohau Hospital (LC 25 of 2015)

Mokhotho and Others v Mamohau Hospital (LC 25 of 2015) [2015] LSLC 49 (10 August 2015)

Court

Labour Court

Case number

LC 25 of 2015

The matter is not urgent as applicants failed to show they would not obtain substantial redress if heard in the ordinary course, and the Labour Court lacks jurisdiction over claims for unpaid wages, which must be referred to the DDPR.

Source excerpt

• Urgency in applications
• Jurisdiction
• Unpaid wages
• Referral to arbitration

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Pokane and Another v Pokane and Others (C of A (CIV) 11 of 2014)

Pokane and Another v Pokane and Others (C of A (CIV) 11 of 2014) [2014] LSCA 33 (24 October 2014)

Court

Court of Appeal

Case number

C of A (CIV) 11 of 2014

The Court of Appeal held an urgent ex parte application should not have been dismissed for lack of urgency or Rule 8(4) non-compliance, but factual disputes required trial.

• Urgency in applications
• Ex parte procedure
• Conversion of application to trial
• Interdicts
• Administration of estates
• Civil-procedure

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