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2,815 judgments

Citation	Judgment date
November 2023
Ntoetsi Tau-Tona v 'Maphoka Ramoea & 3 Ors (C OF A (CIV) 23/2023) [2023] LSCA 12 (17 November 2023)	17 November 2023
Orange Primate Civils (Pty) Ltd v Red Star Group (Pty) Ltd (C of A (CIV) 16/2023) [2023] LSCA 8 (17 November 2023)	17 November 2023
Ts'epang Ramots'oari v The Director - Teaching Service Department (C of A (CIV) 19/2023) [2023] LSCA 10 (17 November 2023)	17 November 2023
Vishan Clothing Industries v Niminta Fashion (Pty) Ltd (C of A (CIV) 01/2023) [2023] LSCA 4 (17 November 2023)	17 November 2023
November 2022
Platinum Credit Limited No v Platcorp Holdings Limited (C of A (CIV) 82/2022) [2022] LSCA 27 (17 November 2022)	17 November 2022
Alotsi v Commander Lesotho Defence Force (C of A (CIV) 50/2022) [2022] LSCA 33 (11 November 2022)	11 November 2022
Attorney General v Boloetse/ Tuke (C of A (CIV) 55/2022) [2022] LSCA 32 (11 November 2022)	11 November 2022
Commissioner of Police v Dlamini (C of A (CIV) 32/2022) [2022] LSCA 48 (11 November 2022)	11 November 2022
Khabele v Chairperson of the Disciplinary Hearing Committee (C of A (CIV) 12/2022) [2022] LSCA 63 (11 November 2022)	11 November 2022
Khechane v Semonkong Urban Council (C of A (CIV) 36/2022) [2022] LSCA 45 (11 November 2022) Appeal from a judgment of a subordinate court to the High Court, and a further appeal to the Court of Appeal without the necessary leave in terms of sec 17 of the Court of Appeal Act, 1978. Its provisions are peremptory and in the absence of compliance, appeal struck from the roll.	11 November 2022
Lebonajoang v Acting Commissioner of Lesotho Correctional Services (C of A (CIV) 25/2022) [2022] LSCA 52 (11 November 2022)	11 November 2022
Lekatsa v Marematlou Freedom Party (C of A (CIV) 42/2022) [2022] LSCA 41 (11 November 2022)	11 November 2022
Lekhina v Drector of Public Prosecutions (C of A (CRI) 40/2022) [2022] LSCA 26 (11 November 2022)	11 November 2022
Lents'a v Independent Electoral Commission (C of A (CIV) 61/2022) [2022] LSCA 29 (11 November 2022)	11 November 2022
Lephoto v Directorate on Corruption and Economic Offences (C of A (CIV) 18/2022) [2022] LSCA 60 (11 November 2022)	11 November 2022
Leseli Hub Limited v Legalize Daily (C of A (CIV) 47/2022) [2022] LSCA 38 (11 November 2022)	11 November 2022
Lesotho National General Insurance Company Ltd v Rhythm & Stealth (Pty) Ltd (C of A (CIV) 19/2022) [2022] LSCA 59 (11 November 2022)	11 November 2022
Letsika v Basotho Congress Party (C of A (CIV) 21/2022) [2022] LSCA 56 (11 November 2022)	11 November 2022
Lets'olo v Lets'olo (C of A (CIV) 23/2022) [2022] LSCA 54 (11 November 2022)	11 November 2022
Mafaufau v Mafaufau (C of A (CIV) 03/2022) [2022] LSCA 35 (11 November 2022)	11 November 2022
Mafeteng Property Group (Pty) Ltd v Estate Late -ben Radiopelo Maphathe (C of A (CIV) 12/ 2021) [2022] LSCA 64 (11 November 2022)	11 November 2022
Majoro v Officer Commanding Quthing Police (C of A (CIV) 24/2022) [2022] LSCA 53 (11 November 2022)	11 November 2022
Makeka v Africa Media Holdings C/o Lesotho Times (C of A (CIV) 14/2022) [2022] LSCA 62 (11 November 2022)	11 November 2022
Makhalemele v Board of Enquiry of the National Security Service (C of A (CIV) 38/2022) [2022] LSCA 43 (11 November 2022)	11 November 2022
Makoa v Alliance of Democrats (C of A (CIV) 41/2022) [2022] LSCA 42 (11 November 2022)	11 November 2022
Matela v Lesotho Telecommunicatios Authority (C of A (CIV) 46/2022) [2022] LSCA 39 (11 November 2022)	11 November 2022
Michael Steel Engineering (Pty) Ltd v Selemela Construction (Pty) Ltd (C of A (CIV) 31/2022) [2022] LSCA 49 (11 November 2022)	11 November 2022
Minister of Public Service v Chalatse (C of A (CIV) 48/2022) [2022] LSCA 37 (11 November 2022)	11 November 2022
Min Zhu Enterprise v Ovk Beddyf Bpk (C of A (CIV) 33/2022) [2022] LSCA 47 (11 November 2022)	11 November 2022
Mothae v Independent Electoral Commission (C of A (CIV) 60/2022) [2022] LSCA 30 (11 November 2022)	11 November 2022
Motsopa v First National Bank of Lesotho (C of A (CIV) 15/2022) [2022] LSCA 61 (11 November 2022)	11 November 2022
Movement for Economic Change v Independant Electoral Commission (C of A (CIV) 68/2022) [2022] LSCA 228 (11 November 2022)	11 November 2022
Movement for Economic Change v Independant Electoral Commission (C of A (CIV) 68/2022) [2022] LSCA 28 (11 November 2022)	11 November 2022
Ntoampe v Mosa Paul Mosuoe, Executor (C of A (CIV) 34/2022) [2022] LSCA 46 (11 November 2022)	11 November 2022
Phomolong Investment (Pty) Ltd v Kel Property Company (Pty) Ltd (C of A (CIV) 28/2022) [2022] LSCA 50 (11 November 2022)	11 November 2022
Principal Secretary, Ministry of Local Government and Chieftainship v Seleso (C of A (CIV) 11/2022) [2022] LSCA 36 (11 November 2022)	11 November 2022
Principal Secretary, Ministry of Mining v Gugushe (C of A (CIV) 49/2022) [2022] LSCA 34 (11 November 2022)	11 November 2022
Procurement Policy and Advice Division v Laxton Group Limited (C of A (CIV) 26/2022) [2022] LSCA 51 (11 November 2022)	11 November 2022
Ramohafa v Labour Commissioner (C of A (CIV) 17/2022) [2022] LSCA 58 (11 November 2022)	11 November 2022
Rapita v Hlalele (C of A (CIV) 45/2022) [2022] LSCA 40 (11 November 2022)	11 November 2022
Registrar, Lesotho Medical, Dental and Pharmacy Council v Yangindu (C of A (CIV) 22/2022) [2022] LSCA 55 (11 November 2022)	11 November 2022
Sehlabo v Puma Energy Ls (Pty) Ltd (C OF A (CIV) 37/2022) [2022] LSCA 44 (11 November 2022)	11 November 2022
Tsukulu v Independent Electoral Commission & 3 Ors (C of A (CIV) 59/2022) [2022] LSCA 31 (11 November 2022)	11 November 2022
June 2022
Khabele v Chairperson of the Disciplinary Hearing Committee ( C of A No. 12/2022) [2022] LSCA 1 (3 June 2022) SUMMARY Civil procedure – Application for stay of execution – Requirements for - application for leave to appeal and stay of execution - The order of the Labour Appeal Court is stayed pending the final determination of the appeal - Application for leave to appeal to be proceeded with before Court of Appeal comprising a panel of at least three judges - Costs of application to be costs in the appeal.	3 June 2022
May 2022
Bokopane v Compol (C of A No. 56/2021) [2022] LSCA 20 (13 May 2022) SUMMARY Administrative Law – Mootness– unreasonableness as ground for review –Appeal not to be disposed off on account of mootness as costs issue still potentially remain to be considered in the appeal– No factual basis for the finding of unreasonableness in casu – Appeal dismissed with costs – Judgment of the High Court confirmed.	13 May 2022
Commissioner of Police v Lesotho Police Staff Association (C of A No. 32/2021) [2022] LSCA 22 (13 May 2022) Summary Police Association and some police officers suing Commissioner of Police in no less than four related applications for promoting certain police officers to senior ranks allegedly on his own without involvement of Police Appointments and Promotions Board, as well as suing the promoted officers, to set aside promotions as unlawful and contrary to law; After initially filing notices of intention to oppose, Attorney General withdrawing such notices believing defendants had no case; Presiding Judge consolidating the cases and at hearing raising mero motu the lack of standing of private legal practitioner engaged by Commissioner of Police and promoted officers after withdrawal of Attorney General and after hearing argument thereon finding such practitioner not entitled to represent them under the aegis of Attorney General’s office but not deciding whether such representation in defendants’ individual capacity not permissible in the circumstances; Having found against representation by private legal practitioner, presiding Judge proceeding to determine merits of applications without hearing the parties; On appeal Held – presiding judge not having decided whether or not representation by private legal practitioner was altogether not permissible on the facts of the case, declining to decide the issue and leaving it to the High Court to do so on remittal of the cases; Held further that presiding judge fell into error in determining merits without hearing the parties, and accordingly judgments and orders of High Court set aside and cases remitted to be heard and determined by another Judge, subject to him or her giving directions to ensure any outstanding pleadings are filed and litigation proceeds in the ordinary way.	13 May 2022
Director of Public Prosecutions v Kamoli (C of A No. 02/2022) [2022] LSCA 23 (13 May 2022) SUMMARY During criminal proceedings preceding the actual trial of accused most of who have been in custody for about four years, thereby giving cause for the trial to commence and proceed with reasonable speed and in light of several postponements, presiding judge, the Honourable Chief Justice conducting an inquiry in terms of s 12(4)(b) and (c) of the Speedy Court Trials Act 2002 (No. 9 of 2002)and finding lead prosecution counsel guilty of transgressions under said section and excluding him from further appearing in case; Crown, through Director of Public Prosecutions, being aggrieved by the conduct of the proceedings to that stage and by the exclusion of lead counsel filing for recusal of presiding judge; Presiding judge declining to recuse himself and Director of Public Prosecutions appealing against decision excluding lead prosecution counsel and decision declining recusal; On appeal: Held presiding judge erred in applying provisions of Speedy Court Trials Act and excluding lead prosecution counsel; Held further on facts and circumstances of case before him, presiding judge should have recused himself; Also raised on appeal - that the trial of the accused be assigned to a foreign judge consequent upon earlier decision of Government and Judicial Service Commission that trial of accused and others in high-profile and sensitive cases be assigned to foreign judges appointed for that purpose; Appeal Court, noting that a number of such cases have already been assigned to local judges, declines to order that case be allocated only to a foreign judge and leaves decision to relevant authorities as to which judge to preside; Appeal by Director of Public Prosecutions upheld on basis presiding judge erred in decision under Speedy Court Trials Act and in refusing to recuse himself, and directing that matter be placed before another judge, foreign or local, as may be decided	13 May 2022
Diversity Developments v Boiphihlelo Holdings (C of A No. 43/2021) [2022] LSCA 11 (13 May 2022) SUMMARY: Application for leave to appeal -- leave granted -- appeal upheld -- matter remitted for completion to the Leribe District Land Court for completion.	13 May 2022
Executor of Estate Late Thabo Kabeli Moerane v Chimombe NO (C of A No. 5/2022) [2022] LSCA 4 (13 May 2022) Summary: The High Court, exercising its ordinary civil division, declined to hear matter on the basis that it was commercial in nature and that court therefore lacked jurisdiction. The court relied on Rule 10 1(c) and (m) of the High Court Commercial Court Rules, governing commercial matters. Held that the Commercial Court is a court created as a division of the High Court of Lesotho and is not a court separate from the High Court. Therefore, the High Court had jurisdiction.	13 May 2022
Executrix Estate of the Late Mamosotho Mosiuoa-lephatsa v Kibiti (C of A No. 52/2021) [2022] LSCA 17 (13 May 2022) SUMMARY Ownership - Movable property - Competing claims - Of purchaser motor vehicle and Executrix of Estate - Purchaser of vehicle through bank - Executrix of Estate of deceased estate claiming ownership relying on hearsay evidence of statements by deceased and supporting affidavits that deceased had told the deponents that she had bought the motor vehicle purchaser - Executrix of Estate failing to establish ownership as it had relied on hearsay and circumstantial evidence. Circumstantial evidence - The rules of induction specially applicable to circumstantial evidence discussed and applied – Appeal dismissed with costs.	13 May 2022