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High Court - 2022 February

14 judgments
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14 judgments
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Judgment date
February 2022
Setuka v Setuka (CIV/APN/102/2018) [2022] LSHC 16 (28 February 2022)
SUMMARY Civil Procedure –preliminary points raised in lime – declarator for rights over immovable property – whether High Court has jurisdiction over land cases – point on lack of jurisdiction upheld.
28 February 2022
Lemphane Diamond Mine v Minister of Mining (CCA/0016/2022) [2022] LSHC 8 (25 February 2022)
SUMMARY: Application – Application to suspend execution of Minister’s decision to terminate mining lease – whether it’s a prayer for specific performance or temporary interdict – Prayer for specific performance has its foundation from breach of contract which must be pleaded – A prayer mischaracterised and refused absent some of the requirements of temporary interdict.
25 February 2022
Nothern Investment Holdings (Pty) Ltd v Town Clerk Maputsoe Urban Council (CCA/0015/2022) [2022] LSHC 6 (22 February 2022)
SUMMARY: Jurisdiction – Commercial Court established to hear disputes arising out of commercial or business transactions – Refusal to issue a building permit cannot be classified as restraint of trade or a dispute arising out of a commercial or business transaction – Commercial Court lacking jurisdiction to issue writ of mandamus against Government to issue a building permit.
22 February 2022
Pitsi v Commander Lesotho Defence Force (CIV/T/395/2021) [2022] LSHC 2 (21 February 2022)
RULING Condonation application - For failure by applicant to file summons against a Government Ministry within two years - Court constrained by Section 6 of the Government Contracts and Proceedings Act 4 of 1965 - Condonation application dismissed for being brought out of time.
21 February 2022
Rex v Ralee (CRI/T/0050/2015) [2022] LSHC 7 (17 February 2022)
SUMMARY CRIMINAL LAW: Murder- Accused charged with two counts of murder- raising defence of Insanity and failing to prove it on the balance of probabilities- Accused found guilty as charged of the two counts of murder- Accused raising a constitutional argument that there was trial unfairness owing to the fact that he was not assessed by an expert psychiatrist and forensic psychologist to determine the veracity of his defence of insanity- Held , in the circumstances of this case the State had provided the accused with adequate facilities for preparation of his defence. Sentence- The court found the existence of extenuating circumstances- Accused accordingly sentenced to two life sentences.
17 February 2022
Rex v Mereko (CRI/T/0187/2017) [2022] LSHC 97 (16 February 2022)
16 February 2022
Makgothi v Aucor Lesotho (CCT/0326/2021) [2022] LSHC 5 (12 February 2022)
SUMMARY Proceedings against Government – It is sufficient to cite Attorney General in his nominal capacity where Government is sued – Where Attorney General is cited, it is not necessary but convenient for purposes of ensuring compliance to cite a Minister instead of a Ministry or Department.
12 February 2022
Leloli Trading (Pty) Ltd v Mafeteng District Council (CCA/0075/2021) [2022] LSHC 4 (9 February 2022)
SUMMARY: Interim Interdict: requirements discussed – applicant failing to demonstrate absence of any other satisfactory remedy – application dismissed.
9 February 2022
Makeka v Africa Media Holdings (CCA/0085/2021) [2022] LSHC 3 (9 February 2022)
Summary Ex parte application – applicant failing to be ultra – scrupulous in obtaining interim relief and pursuing meritless application – such conduct attracting discharge of the rule nisi with punitive costs. Tacit hypothec – principles discussed – failure to prove rentals owing – application dismissed. Costs de bonis propriis – responsibility of Counsel towards Court vis a vis his client – Counsel mulct with costs for twisting the facts and assisting client to pursue unarguable case.
9 February 2022
Rex v Mosoeu (CRI/T/0088/2017) [2022] LSHC 93 (9 February 2022)
9 February 2022
Katsane v Makintane (CIV/T/34/2019) [2022] LSHC 1 (7 February 2022)
JUDGMENT Summary Claim for damages - Motor vehicle collission - Allegedly due to defendant’s sole negligence - Negligence proven - Claimant awarded costs for the repair of his motor vehicle; for pain and suffering; and interest at the current prime lending rate as prescribed by the Central Bank of Lesotho - Medical expenses claimed not proven and, therefore, not granted.
7 February 2022
Rex v Koenyama (CRI/T/80/2011) [2022] LSHC 96 (7 February 2022)
7 February 2022
Mapesela and Another v Speaker of the National Assembly and Others (7 of 2021) [2022] LSHC 149 (4 February 2022)
4 February 2022
Mapesela v Speaker of the National Assembly (Cons. No. 07/2021) [2022] LSHC 102 (4 February 2022)
SUMMARY Constitutional Law – motion of no confidence in the Government coupled with motion to vote by secret ballot - procedure for voting on the motions – whether the Speaker has discretionary power to depart from the procedure to vote by voice and to direct voting in secret – whether alleged intimidation and bribery of Members of Parliament by the Prime Minister constitute good reasons to vote by secret ballot - Constitution, sections 2, 20 (1), 75 (1), 81 (1), 85 (5)(a) and (8) and 119 (1); Parliamentary Powers and Privileges Act, 1994, sections 19g and 20; Standing Orders Nos. 34, 45 (1), 46, 47, 48, 97(6) and 111.
4 February 2022