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Citation
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Judgment date
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| December 2022 |
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SUMMARY
Application – Authority to institute legal proceedings on behalf of artificial person seriously challenged – Onus on the deponent to the founding papers to provide more than minimum of evidence that the proceedings are duly authorised – A director does not have authority to institute legal proceedings on behalf of artificial person by virtue of position – Authority to institute legal proceedings must be duly conferred – The deponent to the founding papers failing to thwart challenge to his authority – Application dismissed.
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15 December 2022 |
SUMMARY:
Constitutional litigation – Collateral challenge to vindicate fundamental human rights and freedoms – Applicants claiming that they suffered pre – trial prejudices as a result of Public Accounts Committee summoning and questioning Director General of the Directorate on Corruption and Economic Offences and the Director of Public Prosecutions about their criminal case – Applicants alleging interference with prosecutorial powers and discrimination by the Director General who charged them to the exclusion of co – suspects contrary to the directive of the Director of Public Prosecutions – Director of Public Prosecutions does not account to PAC in discharging her constitutional mandate - The Directorate on Corruption and Economic Offences is not an agent of the Director of Public Prosecutions, but exercises its own prosecutorial powers – A claim for discrimination must be brought within the ambit of section 18 of the Constitution – Collateral changelle requires exceptional circumstances – Application dismissed.
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15 December 2022 |
SUMMARY
CIVIL PRACTICE: Application for stay of execution pending appeal against a provisional sentence in circumstances where the leave of Court of Appeal should have been sought- Application dismissed as appeal was lodged without the leave of the Court of Appeal being sought.
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14 December 2022 |
SUMMARY
CIVIL PRACTICE: Application for leave to appeal a final order before the High Court- Held, the order being appealed against being final in nature and effect, the applicant should appeal straight to the Court of Appeal- leave of the High Court should only be sought against the judgment of the High Court exercising its civil appellate jurisdiction – Approach to dealing with an exorbitant amount reflected on the Writ of Execution than the amount that is owed by the judgment debtor, articulated.
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14 December 2022 |
SUMMARY
CIVIL PRACTICE: Application for variation of judgment under common law- Principles applicable considered and applied.
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14 December 2022 |
SUMMARY
CRIMINAL LAW: Accused charged with murder on the basis of common purpose- Crown failing to proof its case beyond a reasonable doubt – Accused acquitted
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12 December 2022 |
Summary
Loan agreement – whether costs and interest levied on the loan are unlawful – Applicability of Money Lenders Act 1989 as amended on the loan agreement – The Act applies to money Lenders – loan transaction governed by Financial Institutions Act 2012 and Financial Institutions ( Credit-only Institutions) Regulations 2010 – Each law intended to apply to the segment it was enacted for – the Acts calling for harmonious interpretation – there is no inconsistency between the Money Lenders Act 1989 and the 2010 Regulations.
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2 December 2022 |
SUMMARY
Constitutional provisions for decision of questions as to membership of parliament- Procedure to be followed where allocation of proportional representation seats is in issue – Discussion on section 69 of the Constitution and its reference in the Electoral Act.
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1 December 2022 |
| November 2022 |
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Summary:
Exception – Defendants raising non - joinder and misjoinder by way of exception under rule 29 (1)(a) of the High Court Rules – Whether the defence is within the ambit of the rule – Exception is permissible where the defect complained of is ex facie pleadings – Exception dismissed
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30 November 2022 |
SUMMARY
Action for damages- Motor vehicle Collision - Vicarious liability of the employer - Claim of delictual damages- past loss of earnings and future loss of earnings - Plaintiff failing to prove claim.
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24 November 2022 |
SUMMARY
Civil Procedure – Authorisation to institute proceeding for a juristic person – Requirements therein - Urgent application- urgency has to be shown and is not there for the taking -
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23 November 2022 |
SUMMARY
Application in terms of rule 8(22) - A matter should not be given preferential treatment simply because it has financial consequences – Applicant failing to meet threshold for urgency - Interim interdict - Applicant failed to prove requirements thereof - Interim interdict not granted.
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15 November 2022 |
SUMMARY
CONTRACT- The application by the Government of Lesotho to review a contract entered into by the minister without the authority of Cabinet and the Minister of Finance and for breaching the Constitution of Lesotho 1993, Public Financial Management and Accountability Act and Procurement Regulations- Arbitration clause in a contract does not survive the nullification of a contract concluded in breach of the Constitution and other applicable laws.
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9 November 2022 |
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9 November 2022 |
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8 November 2022 |
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7 November 2022 |
SUMMARY
Review of decision of Magistrate joining the executor as plaintiff in ejectment proceedings – Overlap between review and appeal – Review of uncompleted proceedings - No gross irregularity alleged – No prejudice which could result in injustice – Main antagonists being siblings - No order as to costs.
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3 November 2022 |
| October 2022 |
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31 October 2022 |
SUMMARY: Appeal from Subordinate (Magistrate) court. Requirements of an interdict. Interpretation of Section 20(1) of the Road Traffic Regulations 2004. What constitutes a taxi rank?
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31 October 2022 |
SUMMARY
COMPANY LAW: The shareholder requesting the special meeting to resolve among other things to remove directors without naming them and the reason for their removal- Held, the request is defective for not naming the directors and the reasons for their removal, in terms of section 73(1) of the Companies Act 2011- Court being requested to order the special meeting of the shareholders in terms of section 55 of the Companies Act 2011- Held, that power is excisable only in exceptional circumstances, which in the context of the present case do not exist.
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27 October 2022 |
SUMMARY
COMPANY LAW: Applicant shareholder claiming his share of declared dividends- the company contending that the applicant is not entitled to participate in the dividends because he surrendered his shares when his employment as an executive director was terminated by the board- Held, there is no evidence that the applicant surrendered his shares and therefore, he is entitled to share in the declared dividends.
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27 October 2022 |
SUMMARY
LAW OF SALE : Actio redhibitoria- The plaintiff sued out summons claiming the return of the purchase price of the motor vehicle which was sold and delivered- the plaintiff bought the vehicle knowing that it had a faulty sunroof- the agreement between the parties stated that the vehicle was sold voetstoots- on further and thorough investigation when the problem could not fixed, it emerged that there was a faulty electrical system-Held, the plaintiff failed to prove that the defendant knew of the fault and concealed it with the intention of defrauding him.
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27 October 2022 |
SUMMARY
COMPANY LAW: The applicant lodged an application to reverse forfeiture of his share by fellow shareholder without proper notices being issued in terms of the company’s memorandum of incorporation- Held, meetings held without notices being issued are irregular and resolutions passed consequent thereto are null and void and of no force and effect- Dispute of fact – 2nd respondent’s lodging of a separate application wherein a purported dispute of fact is adumbrated, is impermissible.
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27 October 2022 |
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25 October 2022 |
SUMMARY
Procedure – In ex parte application, full disclosure is a sine qua non – Insolvency Proclamation 57 – section 69 (3) thereof does not take away the unlimited jurisdiction of this court – the lawfully appointed liquidator has to be formally removed.
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21 October 2022 |
SUMMARY
Procedure – matter not finally disposed of not res judicata – following the rule that proceedings have to be interpreted if conducted in a language other than English would be too strictly following the rules of procedure in the Small Claims Court.
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21 October 2022 |
SUMMARY
Criminal appeal – Property of deceased seized by the Police in connection with commission of crime– Tainted property - Application for release of property dismissed by Court a quo –New issue being raised on appeal – Other grounds of appeal untenable- Appeal dismissed - No order as to costs
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18 October 2022 |
SUMMARY
CONSTITUTIONAL LAW: The applicants are challenging the candidacy of the 1st respondent to stand for election into the National Assembly on account of his non-compliance with section 58 (2) ( c) of the Constitution of Lesotho 1993- Held the threshold for proficiency in either official language is low, the law as it is framed does not require perfection but merely an ability to speak and write ‘well enough’ for him to be able to participate in the deliberations- Applicants not have made out a case for disqualification of the 1st respondent- Application accordingly dismissed except for a prayer which calls on Parliament to enact laws regulating citizenship matters in terms of Eighth Amendment to the Constitution Act 2018-Intemperate use language in affidavits- Counsel mulcted with costs de bonis proprii for allowing insulting and intemperate language to find its way into the affidavits.
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5 October 2022 |
SUMMARY
Failure to comply with High Court Rule 8(19)-consequently the matter being struck off the roll-failure to comply with High Court Rule 8(13) leading to the interim rule being discharged
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5 October 2022 |
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3 October 2022 |
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3 October 2022 |
| September 2022 |
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SUMMARY:
Civil Procedure - Application for condonation and removal of the bar - Requirements thereof discussed – Applicant failing to provide a reasonable explanation for her default and bone fide defence – Application dismissed.
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30 September 2022 |
SUMMARY:
Civil Procedure – Special plea – Plaintiff annexing evidential documents to its summons - Defendants moving court to dismiss action on that basis - Summons compliant with court rules and disclosing a cause action – The special plea dismissed.
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30 September 2022 |
Review Application- Jurisdiction of the court- Effectiveness of judgements. Court to decline jurisdiction where its judgements are rendered ineffective.
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29 September 2022 |
SUMMARY
Inter Political Party dispute - Challenge over elected constituency committee – Applicants raising new case in arguments –Matters raised purely political –Political disputes deserve political resolution –Application dismissed with costs.
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29 September 2022 |
SUMMARY
Procedure – points of law in limine – lis pendens – procedure for raising it – non-joinder and misjoinder – dispute of fact in motion proceedings – material non-disclosure.
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29 September 2022 |
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29 September 2022 |
SUMMARY
First applicant having noted appeal from judgment of the High Court - Seeking to stay execution of the judgment through an interdict - Impermissible for party to stay execution of judgment through substantive application for interdict - Party to seek stay of execution of judgment before the Judge whose judgment is appealed from - Provisions of Court of Appeal Rules, 2006. Objection against nomination of candidate for elections- nomination rejected - Disqualification of candidate for nomination for election- not one of the circumstances, that can render elections as failed, as envisaged in National Assembly Electoral Act, 2011.
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28 September 2022 |
SUMMARY
Cost de bonispropriis – need for.
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28 September 2022 |
SUMMARY
Law of Contract – Fixed Term Service Contract signed between the parties – Applicant entitled to gratuity in terms of the signed contract – Respondents reneging liability of gratuity - Caveat Subscriptor principle and Doctrine of quasi mutual assent applied – Parole Evidence Rule also applicable – Respondents liable to pay applicant the gratuity pursuant to the contract.
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27 September 2022 |
SUMMARY
Whether the deceased abandoned customary way of life in favour of European way of life- principles applicable. While matter proceeding, the Administration of Estates Proclamation (Amendment) Act,2022 promulgated- whether it has retrospective application- statutory interpretation discussed.
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23 September 2022 |
SUMMARY:
Application in terms of Rule 30(1) of the High Court Rules of 1980 – Plaintiff claiming that defendant took an improper or irregular step – Withdrawal of application without consent of plaintiff or leave of court – Notice of withdrawal not containing consent to pay costs – Notice of withdrawal filed before the matter was set down for hearing – Consent of the other party or leave of court not required - Plaintiff to pursue costs under rule 43(1)(d) – Application under rule 30 dismissed.
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22 September 2022 |
SUMMARY
Electoral law - General Elections - Nominees holding public office – IEC Rejecting their nomination pursuant to Section 40 (2) of the National Assembly Electoral Act, 2011 which disqualifies public officers from standing for national elections - In reaction, nominees arguing that they had resigned as at the date of their nominations - Court finds Applicants to have failed to comply with the 30 days’ notice of resignation prescribed by Section 143 (3) of the Public Service Regulations, 2008 rendering them still public officers at the date of their nomination.
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22 September 2022 |
SUMMARY
The court found no prejudice occurred here by use of both Sesotho and English which was permitted in the constitution. Nor can an instrument or proceedings be in-validated for that a reason. This is so when on the facts the Court so found that there would have been no fault or prejudice and found against the Applicant
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21 September 2022 |
Summary
Civil application – Applicants alleging existence of oral agency agreement between the parties – Respondents denying existence of agency agreement but alleging another arrangement – The terms of the arrangement fitting the description of the oral agency agreement and the Respondents conducting themselves in terms of the alleged agency agreement – Consensus inferred from the conduct of the Respondents that there was agency agreement between the parties.
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20 September 2022 |
SUMMARY
Civil Procedure – Interim Application – Requirements for Temporary Interdict re-stated -Urgency – Rules Applicable therein
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16 September 2022 |
SUMMARY
Even against the fractious cohabitation of the parties it became overwhelming to conclude that Defendant’s adultery and malicious desertion had been proved to result inevitable in a divorce order.
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15 September 2022 |
SUMMARY
Duties of an executor in terms of the Administration of Estates Proclamation no.19 of 1935. Alienation of matrimonial property in terms of the Legal Capacity of Married persons 2006.
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13 September 2022 |
SUMMARY
Constitutional law – declaration of state of emergency and recall of dissolved Parliament to deal with it – whether citizens have locus standi to litigate on basis of rule of law review – whether failure by Parliament to pass bills before it is dissolved constitutes a public emergency – whether Parliament can be recalled to pass bills it failed to pass before its dissolution – Constitution sections 23, 70 and 84 (2); Interpretation (Amendment) Act, 1993 section 27A; Parliamentary Powers and Privileges Act, 1994 section 24; National Assembly Standing Order No.106; Senate Standing Order No.95
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12 September 2022 |
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12 September 2022 |