Court of Appeal

2,815 judgments

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2,815 judgments

Citation	Judgment date
May 2022
Khatala v Commissioner of Correctional Service (C of A No. 45/2021) [2022] LSCA 13 (13 May 2022) SUMMARY Application for condonation- Eight (8) years delay in noting an appeal- the delay and frailty of the reasons for the delay unprecedentedly long and outlandish respectively- interrogation of the merits or prospects of success not desirable- Application dismissed and appeal struck from the roll with costs.	13 May 2022
Kompi v Government of Lesotho (C of A No. 43B/2021) [2022] LSCA 12 (13 May 2022) SUMMARY: The appellants who were appointed on contract in the Lesotho public service in terms of a written contract agreed to refer any dispute arising from the implementation or execution of the employment contract to binding arbitration in terms of the provisions of the Public Service Act 2005 as amended. When the Crown determined that the contracts had terminated, they approached the High Court to seek declaratory and review relief instead of asking the court under s 4 of the Arbitration Act 12 of 1980 to not bind them to the arbitration agreement. The High Court declined jurisdiction because the appellants were bound by the agreement to refer the dispute to arbitration. Appeal against the High Court’s judgment dismissed, with costs.	13 May 2022
Mafeteng Property Group (Pty) Ltd v Radiopelo Maphathe (C of A No.12/2021) [2022] LSCA 6 (13 May 2022) SUMMARY Section 16 I1) of the Court of Appeal Act 1978, application for leave to appeal against an order of the High Court in interlocutory proceedings. High Court having granted interlocutory order against objection matter was re judicata, there was non-joinder and non-compliance with rule 8(19) of the High Court rules. On appeal court sets out circumstances in which it will grant leave to appeal against an interlocutory order.	13 May 2022
Masupha v Masupha (C of A No.20/2021) [2022] LSCA 8 (13 May 2022) SUMMARY Application for condonation to file answering affidavit- Judge rejecting the application – Judge making an order in default – The discretion should be exercised judiciously – The credibility of the explanation should be interrogated before rejecting the application.	13 May 2022
Mathealira v Mathealira (C of A No. 42/2021) [2022] LSCA 10 (13 May 2022) SUMMARY Practice – Appeal - Rule 52 of the High Court Rules 1980 – The appeal should have been set down within four weeks - appeal is dismissed with costs.	13 May 2022
Minister of Transport v Katleho Logistics (Pty) Ltd (C of A No. 10/2022) [2022] LSCA 2 (13 May 2022)	13 May 2022
Molupe v Lesotho National General Insurance Co. Ltd (C of A No.08/2022) [2022] LSCA 5 (13 May 2022) Summary An appeal against the part of a judgment dealing with the quantum of damages, cannot be properly heard without a fully transcribed record of the proceedings before the lower court. This is especially so because the appellant relies on oral evidence, not reflected in the record. The appeal is struck off the record.	13 May 2022
Mothobi v Director of Public Prosecutions (C of A No. 04/2019) [2022] LSCA 24 (13 May 2022) SUMMARY High Court convicted appellants of assault with intent to cause grievous bodily harm where victim of assault died as a result of injuries from the assault; Court sentenced each appellant to fifteen years imprisonment; Appellants initially appealed against sentence only; After Crown cross-appealed against verdict and asked Court to find appellants guilty of murder, appellants then appealed against conviction and sought acquittal of appellants; Held the proper verdict was murder with constructive intent founded on the doctrine of common purpose; verdict accordingly altered; Extenuating circumstances found to exist and after considering mitigating factors sentence reduced from fifteen years to ten years for each of the appellant	13 May 2022
Ncheke v First National Bank of Lesotho (C of A No. 1/2022) [2022] LSCA 3 (13 May 2022) SUMMARY A plaintiff may apply for summary judgment in terms of Rule 28 of the Rules of Court after the filing of a plea by the defendant. A vague allegation that the amount of interest accumulated by an outstanding debt does not constitute a bona fide defence under Rule 28.	13 May 2022
Principal Secretary Higher Education v Metsing (C of A No.13/2021) [2022] LSCA 7 (13 May 2022) Summary A public officer challenging a decision dismissing him by way of review in the High Court. Court of Appeal restating that such complaints must be pursued under the grievance procedure in the Public Service Act 2005.	13 May 2022
Principal Secretary Ministry of Public Service v Mabaso (C of A No. 47/2021) [2022] LSCA 15 (13 May 2022) Summary The Government of Lesotho’s (GoL) failure, amongst others, to comply with Reg.32(1) of the Public Service Regulations 2008 requiring the principal secretary of the Public Service to consult receiving ministries when a transfer of a public officer is contemplated was held by the High Court to be unlawful and therefore reviewed and set aside. On appeal the GoL argued that the regulation was not mandatory in every case and that the High Court erred in so concluding. Held on appeal that the High Court did not err, and the appeal dismissed with costs.	13 May 2022
Ramahloko v Commissioner of Police (C of A No. 04/2022) [2022] LSCA 25 (13 May 2022) Summary: The appellant challenged his transfer in the High Court. Without any answering affidavit having been filed and without hearing submissions by counsel, the Court refused the application. No proper reasons for the order were furnished. The appeal cannot proceed meaningfully, or at all. The matter is remitted back to the High Court.	13 May 2022
Standard Lesotho Bank Limited v Selogile (C of A No.50/2021) [2022] LSCA 16 (13 May 2022) SUMMARY: Jurisdiction— under rule 84 of land court rules, the land court has jurisdiction to review its own decision—a litigant, with proven interest may apply to the same court for review under grounds stated in rule 85 and the court may vary or reverse its earlier decision- appellant having established acceptable grounds of review, appeal allowed.	13 May 2022
Swazi Empayer v Mojapela-majoro (C of A No. 46/2021) [2022] LSCA 14 (13 May 2022) SUMMARY Practice - Judgments and orders - Summary judgment — Appeal against granting of — Court hearing application for summary judgment should be slow to defeat purpose of summary judgment procedure by granting rescission, where satisfied that defendant has no bona fide defence. Summary judgment — Liquidated amount — Appeal against granting of — Court hearing application for summary judgment should be slow to defeat purpose of summary judgment procedure by granting leave to appeal, where satisfied that defendant has no bona fide defence.	13 May 2022
The Ministry of Trade and Industry v Seleke (C of A No. 41/2021) [2022] LSCA 9 (13 May 2022) SUMMARY Administrative law – Jurisdiction -Review of administrative act -Application for review of a decision of the Minister of Trade and Industry not to renew the contract of the Chief Executive Officer of the Lesotho National Development Corporation	13 May 2022
Tsikoane v Principal Secretary - Ministry of Foreign Affairs and International Relations (C of A No. 51/2021) [2022] LSCA 21 (13 May 2022) SUMMARY Ambassador of Lesotho to Italy remaining in Rome for a month after his tour of duty and tenure came to an end; Ambassador claiming he was entitled to salary for the one month on grounds that he carried on duties as ambassador during that month; Ministry contesting that he performed any duty as ambassador and his contract of engagement having come to an end he was not entitled to any salary; Ambassador failing to prove that he did any work and therefore entitled to salary; High Court having dismissed his application with costs, on appeal, Held appeal should be dismissed; On costs order of High Court set aside and substituted with one ordering each party to bear its own cost; Each party also ordered to bear its costs of appeal	13 May 2022
April 2022
Director of Public Prosecutions v Kamoli and Others (C of A (CRI) 2 of 2022) [2022] LSCA 2 (21 April 2022)	21 April 2022
November 2021
Matela v Lesotho Communication Authority (C of A (CIV) 35 of 2021) [2021] LSCA 37 (12 November 2021)	12 November 2021
Mokaeane v Principal Secretary Ministry of Foreign Affairs and International Relations (C of A (CIV) 28 of 2021) [2021] LSCA 36 (12 November 2021)	12 November 2021
Mota v Mahomed (C of A (CIV) 19 of 2021) [2021] LSCA 40 (12 November 2021)	12 November 2021
National Dairy Board v Phafane (C of A (CIV) 24 of 2021) [2021] LSCA 33 (12 November 2021)	12 November 2021
Phaila v Director of Public Prosecutions (C of A (CIV) 23 of 2021) [2021] LSCA 34 (12 November 2021)	12 November 2021
Ramoepana v The Crown (C of A (CRI) 5 of 2021) [2021] LSCA 38 (12 November 2021)	12 November 2021
Ranoha v The Minister of Local Government (C of A (CIV) 10 of 2021) [2021] LSCA 32 (12 November 2021)	12 November 2021
Sankatana Social Democracy v Rammina (C of A (CIV) 1 of 2021) [2021] LSCA 35 (12 November 2021)	12 November 2021
Senkatana Social Democracy v Rammina & 3 Ors (C of A (CIV) 1 of 2001) [2021] LSCA 30 (12 November 2021)	12 November 2021
Taole v Mangaula (C of A (CIV) 22 of 2021) [2021] LSCA 39 (12 November 2021)	12 November 2021
May 2021
Bataung Chabeli Constructions (Pty) Ltd v Road Fund (C of A (CIV) 34 of 2020) [2021] LSCA 17 (14 May 2021)	14 May 2021
Bohloko v Monare (C of A (CIV) 30 of 2020) [2021] LSCA 14 (14 May 2021)	14 May 2021
Commander Lesotho Defence Force v Raselemane (C of A (CIV) 27 of 2020) [2021] LSCA 13 (14 May 2021)	14 May 2021
Commissioner of Police v Motseki (C of A (CIV) 31 of 2020) [2021] LSCA 15 (14 May 2021)	14 May 2021
Director of Public Prosecutions v Ramoepana (C of A (CIV) 49 of 2020) [2021] LSCA 25 (14 May 2021)	14 May 2021
Former Employees of The Agricultural Development Bank v The Government of the Kingdom of Lesotho (C of A (CIV) 35 of 2020) [2021] LSCA 18 (14 May 2021)	14 May 2021
Hlalele v His Honourable the Prime Minister Dr. M. Majoro (C of A (CRI) 8 of 2021) [2021] LSCA 8 (14 May 2021)	14 May 2021
Home Affairs Ex Workers v The P.S. Ministry of Home Affairs (C of A (CIV) 8 of 2021) [2021] LSCA 7 (14 May 2021)	14 May 2021
Lesenya v Rex (C of A (CRI) 5 of 2020) [2021] LSCA 4 (14 May 2021)	14 May 2021
Mahamo v Lesotho National General Insurance Company (C of A (CIV) 51 of 2017) [2021] LSCA 27 (14 May 2021)	14 May 2021
Makatsela v Econet Telecom Lesotho (C of A (CIV) 84 of 2019) [2021] LSCA 29 (14 May 2021)	14 May 2021
Manyokole v The Prime Minister (C of A (CIV) 15 of 2021) [2021] LSCA 9 (14 May 2021)	14 May 2021
Metsing v Director of Public Prosecutions (C of A (CIV) 40 of 2021; Const Case 27 of 2018) [2021] LSCA 21 (14 May 2021)	14 May 2021
Mokotjo v Miles Kennedy Chairman of the Board (C of A (CIV) 19 of 2020) [2021] LSCA 10 (14 May 2021)	14 May 2021
Molapo v Molapo (C of A (CIV) 46 of 2020) [2021] LSCA 24 (14 May 2021)	14 May 2021
Molapo v P.S Ministry of Communications (C of A (CIV) 2 of 2020) [2021] LSCA 1 (14 May 2021)	14 May 2021
Molapo v The Executor- Estate of The Late Khomo Molapo (C of A (CIV) 38 of 2018) [2021] LSCA 20 (14 May 2021)	14 May 2021
Moreboli v Deputy Sheriff (C of A (CIV) 3 of 2018) [2021] LSCA 2 (14 May 2021)	14 May 2021
Officer Commanding Mafeteng Police Station v Tjela (C of A (CIV) 45 of 2020) [2021] LSCA 23 (14 May 2021)	14 May 2021
Pelesa v Mohlouoa (C of A (CIV) 36 of 2020) [2021] LSCA 19 (14 May 2021)	14 May 2021
Qathatsi v The Commissioner General LRA (C of A (CIV) 6 of 2021) [2021] LSCA 5 (14 May 2021)	14 May 2021
Ranthamane v Selogile Family Trust (C of A (CIV) 25 of 2020) [2021] LSCA 12 (14 May 2021)	14 May 2021
Rex v Phantši (C of A (CRI-RESERVE) 1 of 2021) [2021] LSCA 6 (14 May 2021)	14 May 2021