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Recent Judgments

FLYNOTE
Land Law – Bona fide possession – Right of retention – Section 62 of the Land Act 1979 – Regulation 6 of the Land Regulations 2011 – Effect of statutory deeming –
2
Compensation for improvements – Absence of title – Public purposes – Vindicatory action – Equitable doctrines.

8 May 2025

Succession — Testamentary trust — Validity of will — Divorce consent order directing testamentary devolution of property to children — Alleged conflict between will and court order — Whether deceased’s will validly created testamentary trust — Premature challenge to testamentary dispositions — Whether executrix’s appointment lawfully effected.

8 May 2025
2 May 2025

FLYNOTE
Immigration – Naturalisation – Delay in conferral of citizenship – Legitimate expectation – Mandamus – Ministerial discretion – Judicial deference – Whether High Court usurped Minister’s statutory function – Lesotho Citizenship Order 1971, ss 9(2), 12(2), 14, 16(1)

2 May 2025

FLYNOTE
Company Law – De Facto Directorship – Validity of Round Robin Resolution – Procedural Standing – Security for Costs – Appeal Procedure – Judicial Discipline – Companies Act 2011 (Lesotho), ss 56, 58 – Court of Appeal Rules 2006, Rule
2
8(1) and Rule 15 – Effect of Non-notification of Directors – Majority and Dissenting Opinions.

2 May 2025

FLYNOTE
Summary judgment – Appealability – Interlocutory order – Financial Consumer Protection Act 2022 – Counterclaim – Procedural fairness – Leave to appeal – Summary dismissal – Costs.

2 May 2025

FLYNOTE
Contempt of Court – Procurement Tribunal – Enforcement of Tribunal Order – Validity and Limits of Court Orders – Public Procurement Regulations – Res Judicata – Statutory Illegality as Defence – Whether disobedience of court order can be justified on grounds of statutory non-compliance.

2 May 2025
2 May 2025

FLYNOTE
Voluntary associations Law — Audi alteram partem — Suspension and termination of membership from a police staff association — Whether the refusal to grant an oral hearing violated the duty of fairness — Whether show-cause procedure sufficient where serious reputational harm results — Whether decision taken by a properly constituted body with requisite quorum — Procedural and substantive irrationality — Review and setting aside of decision.

2 May 2025

FLYNOTE
Criminal Law — Murder — Self-defence — Whether Crown proved guilt beyond reasonable doubt — Whether trial court misdirected itself in rejecting self-defence — Duties of appellate court on findings of fact — Credibility of witnesses — Single witness rule — Forensic inconsistencies — Investigative irregularities

2 May 2025
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Recent Legislation

Legal Notice 65 of 2024 21 June 2024
Act 27 of 2024 5 April 2024
Act 3 of 2024 2 April 2024
Act 2 of 2024 2 April 2024
Act 2 of 2021 12 March 2021
Act 1 of 2021 14 January 2021
Act 1 of 2011 14 January 2021
Legal Notice 41 of 2020 6 May 2020
Legal Notice 38 of 2020 22 April 2020
Legal Notice 26 of 2020 27 March 2020
View more legislation

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