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High Court - 2022 October

14 judgments
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14 judgments
Citation
Judgment date
October 2022
Maseru Mall Taxi Association & 2 Others V Brown Lion & Ano. (CIV/A/0009/2022) [2022] LSHC 234 (31 October 2022)
31 October 2022
Maseru Mall Taxi Association v Brown Lion (CIV/A/0009/2022) [2022] LSHC 134 (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?
31 October 2022
Linake v Chairman of the Board: Naledi Funeral Planners (Pty) Ltd (Linake V Chairman of the Board: Naledi Funeral Planners (PTY) Ltd) [2022] LSHC 145 (27 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.
27 October 2022
Mansfield v Specialized Insurance Company Limited (CCA/0127/2019) [2022] LSHC 144 (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.
27 October 2022
Ramputi v Hussain T/a Main Motors (CCT/0427/2018) [2022] LSHC 142 (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.
27 October 2022
Yao v Meriti Holdings (Pty) Ltd (CCA/0018/2019) [2022] LSHC 143 (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.
27 October 2022
M K v Director of Public Prosecutions and Others (CONST 5 of 2020) [2022] LSHC 238 (25 October 2022)
25 October 2022
Louro v Gcp Equipment (Pty) Ltd (CCA/0052/2022) [2022] LSHC 138 (21 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.
21 October 2022
Moiloa v Mokuena (CCA/0068/2017) [2022] LSHC 163 (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.
21 October 2022
The Curator Bonis: Estate Late Mookho Rafono-mojalefa Rafono N.O v Director of Public Prosecutions (CRI/A/0012/2022) [2022] LSHC 129 (18 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
18 October 2022
Christian Advocates and Ambassadors Association v Shao (Cons. No. 0018/2022) [2022] LSHC 131 (5 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.
5 October 2022
The Executor Estate Late Thabo Kabeli Moerane v Co-executor Estate Late Thakane Chimombe (CIV/APN/08/2022) [2022] LSHC 127 (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
5 October 2022
Bakubung Seutloali V Commissioner Lesotho Correctional Service & 2 Others (CIV/APN/0193/2022) [2022] LSHC 250 (3 October 2022)
3 October 2022
Seutloali v Commissioner Lesotho Correctional Service (CIV/APN/0193/2022) [2022] LSHC 136 (3 October 2022)
3 October 2022