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Citation
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Judgment date
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| September 2022 |
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29 September 2022 |
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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 |
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SUMMARY
Cost de bonispropriis – need for.
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28 September 2022 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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SUMMARY
Civil Procedure – Interim Application – Requirements for Temporary Interdict re-stated -Urgency – Rules Applicable therein
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16 September 2022 |
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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 |
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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 |
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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 |
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Summary
Application – Review of Minister’s decision declining renewal of a mining lease under section 36 (5) of the Mines and Minerals Act No.4 of 2005 -Applicant not invoking rule 50 (4) of High Court Rules 1980, but raising further grounds of review in its replying affidavit – Minister’s discretionary powers under section 36 (5) circumscribed – Section 44 negotiations intended for parties to agree terms and conditions of new mining agreement – No need to enter into negotiations if the applicant does not meet the requirements for renewal under section 36 (5) – Application dismissed
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9 September 2022 |
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SUMMARY
The applicant in the main asked the Court to order the respondents to forward her names to the Independent Electoral Commission as the candidate for the RFP political party in the 2022 national general elections following her success over the others who were interviewed at the final stage of the meritocracy selection of the best candidate. The party declined to so forward her name due to its subsequent finding that she is a member of its rival TEB political party. Having been re-summoned by the RFP to be interrogated on the allegations of her membership to the TAB, she gave conflicting explanations compromising her credibility. It was not disputed that she knew about the meritocracy policy of the party since she participated in its processes and instituted this litigation to benefit from it. The court found that the documentarily proven duality of her membership to the two parties rendered the mutuality of trust between the RFP and herself placed in jeopardy to justify its declination. In the circumstances, her constitutional right to participate in the public affairs was found not to have been violated. The application was consequently refused.
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8 September 2022 |
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SUMMARY
Application for review and setting aside of the Commander’s decision to discharge the applicant on the grounds of irrationality and unreasonableness – does it amount to double jeopardy – held; decision was rational and reasonable – held it did not amount to double jeopardy – application dismissed
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7 September 2022 |
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SUMMARY
Civil Procedure – exception application in terms of Rule 29(2) – exception on the ground of vagueness- what constitutes?
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6 September 2022 |
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SUMMARY
Voluntary association – Political party – Conflict within the party – Executive Committee of the party declared respondents victorious over applicants after holding interviews – Such decision invalid. Membership of applicants questioned – Applicants held various portfolios within Constituencies Committees of the party – Took part in primary elections –Article 9 of the Constitution of the Party – applicants enjoyed benefits as members – applicants found to be full members of the party.
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1 September 2022 |
| August 2022 |
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SUMMARY
Application for review - Of the decision by the Commander, Lesotho Defence Force to discharge the Applicant from the army in terms of Section 31 of the Lesotho Defence Force Act, 1996 - Applicant further challenging the manner in which the summary trial was conducted - Complaining in essence of a breach of the fundamental right to a fair trial which included non - observance of the tenets of natural justice, discrimination, double jeopardy, charge not supported by evidence, and a sentence disproportionate to the offence - In a case where a member of the Defence Force had been convicted and sentenced following a summary trial and subsequent discharge from the army by the Commander - Court not discerning any irregularity in the manner in which the summary trial was conducted and finding the Commander to have acted within the purview of the Act.
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31 August 2022 |
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SUMMARY
Organisational restructuring - Applicant seeking to have his salary upgraded from grade ‘J’ to ‘K’ in accordance with the revised approved structure of the Judiciary - And further claiming salary arrears from the date of his appointment to the position - In reaction, Respondents arguing that the claim is misconceived as the new structure of the Judiciary is not yet operational because it has only been ‘approved’ but not yet ‘implemented’ - The revised structure having been approved the court is of the view that Applicant ought to have been paid in accordance with it from the onset of his appointment and orders that he be paid accordingly with arrears as a result of the shortfall in his salary.
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31 August 2022 |
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SUMMARY:
Tender – Whether a tender can be rejected at the review stage – Whether a Procurement Unit has discretionary powers to condone non – Compliance with the requirements of tender invitation – Regulation 28 couched in peremptory terms and overly rigid – A tender must be rejected at a review stage if it is non – Compliant with the requirements of tender invitation.
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31 August 2022 |
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SUMMARY
Review – Applicant having been subjected to disciplinary hearing post letter of her resignation- resignation letter rejected for non-compliance with section 39(1) of Public Service Regulations-disciplinary proceedings interdicted in the interim. Whether Applicant properly resigned and whether the 2nd Respondent has a right to refuse applicant’s resignation- Held- letter of resignation constitutes final act of termination of employment contract-application succeeds with costs.
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31 August 2022 |
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31 August 2022 |
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SUMMARY
Constitutional Law – Application for an order to declare as unlawful, null and void and of no force and effect the decision of the National Executive Committee (NEC) of Alliance of Democrats (AD) party to hold a constituency elective conference for fresh election of a nominee between the Applicant and 4th Respondent in Mt Moorosi No.67 Constituency to represent the AD in the forthcoming 2022 national elections – Held: Applicant’s nomination effected under the old Mt Moorosi Contituency before the enactment of the Delimitation Order April 2022 no longer enforceable – Mt Moorosi No.67 Constituency being a new constituency following demarcation of new boundaries which has combined the old Mt Moorosi constituency and parts of the abolished Sebapala No.66 Constituecny – Respondents’ decision to hold constituency election for the Mt Moorosi No. 67 Constituency afresh justifiable given the circumstances of the case and is in line with principle of democracy; fairness and natural justice - Application dismissed.
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30 August 2022 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: Abuse of urgency procedure- application dismissed on that basis alone- requirements of application for rescission lodged in terms of Rule 27 of the High Court Rule.
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25 August 2022 |
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SUMMARY
LAW OF CONTRACT: Cancellation of contract based on breach- fairness and unreasonableness as grounds for avoiding enforcement of a contract- Held, that these cannot be the basis for avoiding enforcement of a contract- undue influence as a ground for terminating an agreement- mistake as to the motive for entering into a contract- Held, that such does not vitiate a contract- Practice and Procedure- foreseeability of a material dispute of fact arising in motion proceedings- the approach to be adopted articulated and applied.
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25 August 2022 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: Abuse of urgency procedure- Application dismissed with punitive costs for abuse of urgency procedure- Law of property- counter application for a spoliatory relief in relation to incorporeal property- principles considered and applied.
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25 August 2022 |
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SUMMARY
Law of Contract – Application based on Contract for the benefit of a third party vis Stipulatio alteri – The alleged contract not annexed as evidence – No evidence pleaded to support applicant’s case – Application dismissed with costs.
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22 August 2022 |
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SUMMARY
Judgments and orders – Rescission under rule 45(1)(a) – Whether admission by Counsel acknowledging service of court process to his client is hearsay - The amount already paid not discounted when summons was issued – Whether judgment was erroneously granted.
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19 August 2022 |
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SUMMARY
LAW OF PROPERTY: Application for a tacid hypothec-The requirements thereof- Civil practice- how evidence which is adduced for the first time in reply should be dealt with- Unjust enrichment- Principles considered and applied
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18 August 2022 |
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SUMMARY
CIVIL PRACTICE: Application for contempt of court- applicable principles considered and applied- Unjust enrichment where deductions of the applicants’ salaries were made despite the court order prohibiting same towards payment of their loans- The respondents were not enriched by effecting repayment of the loans they advanced to the applicants.
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18 August 2022 |
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SUMMARY
LAW OF PROPERTY- Non-compliance with section 24 of the Deeds Registry Act- Respondent taking occupation of the sub-leased property before consent sought and the sublease agreement being registered- Consequences thereof- Sublease agreements cancelled and declared null and void
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18 August 2022 |
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SUMMARY
CIVIL PRACTICE: Application for rescission of judgement in terms of Rule 27- Applicable principles considered and applied.
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18 August 2022 |
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SUMMARY:
LAW OD DELICT: Commercial appropriation of a person’s image- Applicable principles- Plaintiff alleging that his image was used for commercial purposes without his consent- Plaintiff failing to discharge the onus of proof- The plaintiff further alleging that his rights to corpus and privacy have been infringed- the plaintiff failing to discharge the onus, the claims accordingly dismissed with costs
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18 August 2022 |
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SUMMARY
COMPANY LAW: Application for judicial management on account of mismanagement of the company by its directors brought in terms of section 156 (1) of the Companies Act 2011- applicable principles considered and applied.
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18 August 2022 |
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SUMMARY
CIVIL PRACTICE AND PROCEDURE: Application for leave to appeal a dismissed application- whether tenable- A dismissed application incapable of being stayed- Application for leave dismissed with costs.
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18 August 2022 |
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SUMMARY
DEBT RECOVERY- In an action for recovery of money for goods sold and delivered and where the defendant raises a special defence- the onus of proving the special defence is on the defendant- Postponement of proceedings- Principles applicable re-stated and applied.
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18 August 2022 |
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SUMMARY:
Application for Summary Judgment – Defendant moving the Court to ignore particulars of claim attached to the summons in considering the application – The propriety of Applicant’s reliance on evidential documents attached to the summons considered – Application for summary judgment granted.
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18 August 2022 |
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16 August 2022 |
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SUMMARY
Land Court – Applicant and first respondent in dispute over rights on estate – Estate having been bequeathed to the applicant’s wife – Original owners having passed on – Applicant’s mother having survived her husband – first respondent having fraudulently obtained a lease document in his names in respect of this estate – None disclosure of a material fact by the first respondent, that he had lost a case of ejectment against the applicant and his late wife – Effect of none disclosure of such a fact.
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16 August 2022 |
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SUMMARY
The Rules of natural justice – Transfer – No prehearing procedure followed before applicant was served with the letter of transfer – Actions of administrators to comply with principles of natural justice unless the law provides otherwise.
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15 August 2022 |
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SUMMARY
Whether claim for spoliation, arising out of employment relationship, amounts to labour dispute – Section 226(2)(b)(i) of Labour (Amendment) Act – Whether permissible for a party to argue un-pleaded point.
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15 August 2022 |
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12 August 2022 |
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SUMMARY
Variation of a contract can be effected or presumed despite a tenants refusal where a tenant refuses to accept his/her conditions but continues to occupy premises while aware of the Landlord`s contrary intention
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10 August 2022 |
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SUMMARY
Undefended action for delictual damages arising from a collision between Plaintiff’s and Defendant’s motor vehicles – Negligence and liability - Proof of - Held: Defendant found negligent and liable in damages for fair, necessary and reasonable cost of repairs to Plaintiff’s vehicle.
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9 August 2022 |
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SUMMARY
Application for reviewing, correcting and setting aside Employer’s decision to stop payment of employee’s monthly salary without giving her a hearing (audi alteram partem) and payment of salary arrears – Applicant stating in her founding affidavit that she was dismissed from work as the Educational Secretary of AME schools in 2017, but continued to be paid a monthly salary until June 2021 – Applicant later claiming in her replying affidavit that she had not been dismissed - Issues for determination: Whether Applicant was entitled to a hearing upon a decision to stop salary and whether she was entitled to payment of salary arrears in view of her account of dismissal – Held: Applicant not allowed to introduce new evidence in the replying affidavit - Applicant bound by her evidence in the founding affidavit -Applicant not entitled to a hearing and unpaid salary payments – application dismissed.
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9 August 2022 |
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8 August 2022 |
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SUMMARY
Constitutional law – delimitation of constituency boundaries – review of constituency boundaries – whether the review made within the prescribed period – whether elections should be held when constituency boundaries have not been reviewed and altered according to the provisions of the Constitution – Constitution, ss.67 and 84; National Assembly Electoral Act No.14 of 2011, sections 142 and 153; Interpretation Act No. 19 of 1977.
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8 August 2022 |
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SUMMARY
Urgent application – Practice - Is there urgency? – Abuse of Court process, what constitutes.
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5 August 2022 |