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245 judgments

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245 judgments

Citation	Judgment date
December 2022
X v Lesotho Revenue Authority and Another (RAT No.: 01/2017/18) [2022] LSRAT 1 (16 December 2022)	16 December 2022
Lesotho Dairy Products (Pty) Ltd v Lesotho National Dairy Board (CCA/0093/2020) [2022] LSHC 167 (15 December 2022) 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.	15 December 2022
Tlokotsi v Director of Public Prosecutions (Const. No. 14/2019) [2022] LSHC 169 (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.	15 December 2022
Basotho Congress Party v Abdulla (CCT/0290/2017) [2022] LSHC 156 (14 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.	14 December 2022
Classic Distributors v Standard Lesotho Bank (CCT/149/2013) [2022] LSHC 155 (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.	14 December 2022
Platcorp Holdings Limited v Platinum Credit Limited (CCA/0109/2022) [2022] LSHC 160 (14 December 2022) SUMMARY CIVIL PRACTICE: Application for variation of judgment under common law- Principles applicable considered and applied.	14 December 2022
Rex v Motsoane (CRI/T/0014/2018) [2022] LSHC 159 (12 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	12 December 2022
Ntoi v Netloans Lesotho (Pty) Ltd (CIV/APN/399/2016) [2022] LSHC 168 (2 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.	2 December 2022
Independent Electoral Commission v Speaker of the National Assembly (Const. No. 0022/2022) [2022] LSHC 164 (1 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.	1 December 2022
November 2022
Lemeke v Sefali (CCT/0468/2021) [2022] LSHC 165 (30 November 2022) 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	30 November 2022
'molotsi v Likoetla (CIV/T/806/2022) [2022] LSHC 150 (24 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.	24 November 2022
Khasoane T/a Molemo Bricks v Letseng Diamond (CCA/0117/2022) [2022] LSHC 161 (23 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 -	23 November 2022
Platinum Credit Limited No v Platcorp Holdings Limited (C of A (CIV) 82/2022) [2022] LSCA 27 (17 November 2022)	17 November 2022
Jappie Catering v Ministry of Health (CCA/0113/2022) [2022] LSHC 170 (15 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.	15 November 2022
Alotsi v Commander Lesotho Defence Force (C of A (CIV) 50/2022) [2022] LSCA 33 (11 November 2022)	11 November 2022
Attorney General v Boloetse/ Tuke (C of A (CIV) 55/2022) [2022] LSCA 32 (11 November 2022)	11 November 2022
Commissioner of Police v Dlamini (C of A (CIV) 32/2022) [2022] LSCA 48 (11 November 2022)	11 November 2022
Khabele v Chairperson of the Disciplinary Hearing Committee (C of A (CIV) 12/2022) [2022] LSCA 63 (11 November 2022)	11 November 2022
Khechane v Semonkong Urban Council (C of A (CIV) 36/2022) [2022] LSCA 45 (11 November 2022) Appeal from a judgment of a subordinate court to the High Court, and a further appeal to the Court of Appeal without the necessary leave in terms of sec 17 of the Court of Appeal Act, 1978. Its provisions are peremptory and in the absence of compliance, appeal struck from the roll.	11 November 2022
Lebonajoang v Acting Commissioner of Lesotho Correctional Services (C of A (CIV) 25/2022) [2022] LSCA 52 (11 November 2022)	11 November 2022
Lekatsa v Marematlou Freedom Party (C of A (CIV) 42/2022) [2022] LSCA 41 (11 November 2022)	11 November 2022
Lekhina v Drector of Public Prosecutions (C of A (CRI) 40/2022) [2022] LSCA 26 (11 November 2022)	11 November 2022
Lents'a v Independent Electoral Commission (C of A (CIV) 61/2022) [2022] LSCA 29 (11 November 2022)	11 November 2022
Lephoto v Directorate on Corruption and Economic Offences (C of A (CIV) 18/2022) [2022] LSCA 60 (11 November 2022)	11 November 2022
Leseli Hub Limited v Legalize Daily (C of A (CIV) 47/2022) [2022] LSCA 38 (11 November 2022)	11 November 2022
Lesotho National General Insurance Company Ltd v Rhythm & Stealth (Pty) Ltd (C of A (CIV) 19/2022) [2022] LSCA 59 (11 November 2022)	11 November 2022
Letsika v Basotho Congress Party (C of A (CIV) 21/2022) [2022] LSCA 56 (11 November 2022)	11 November 2022
Lets'olo v Lets'olo (C of A (CIV) 23/2022) [2022] LSCA 54 (11 November 2022)	11 November 2022
Mafaufau v Mafaufau (C of A (CIV) 03/2022) [2022] LSCA 35 (11 November 2022)	11 November 2022
Mafeteng Property Group (Pty) Ltd v Estate Late -ben Radiopelo Maphathe (C of A (CIV) 12/ 2021) [2022] LSCA 64 (11 November 2022)	11 November 2022
Majoro v Officer Commanding Quthing Police (C of A (CIV) 24/2022) [2022] LSCA 53 (11 November 2022)	11 November 2022
Makeka v Africa Media Holdings C/o Lesotho Times (C of A (CIV) 14/2022) [2022] LSCA 62 (11 November 2022)	11 November 2022
Makhalemele v Board of Enquiry of the National Security Service (C of A (CIV) 38/2022) [2022] LSCA 43 (11 November 2022)	11 November 2022
Makoa v Alliance of Democrats (C of A (CIV) 41/2022) [2022] LSCA 42 (11 November 2022)	11 November 2022
Matela v Lesotho Telecommunicatios Authority (C of A (CIV) 46/2022) [2022] LSCA 39 (11 November 2022)	11 November 2022
Michael Steel Engineering (Pty) Ltd v Selemela Construction (Pty) Ltd (C of A (CIV) 31/2022) [2022] LSCA 49 (11 November 2022)	11 November 2022
Minister of Public Service v Chalatse (C of A (CIV) 48/2022) [2022] LSCA 37 (11 November 2022)	11 November 2022
Min Zhu Enterprise v Ovk Beddyf Bpk (C of A (CIV) 33/2022) [2022] LSCA 47 (11 November 2022)	11 November 2022
Mothae v Independent Electoral Commission (C of A (CIV) 60/2022) [2022] LSCA 30 (11 November 2022)	11 November 2022
Motsopa v First National Bank of Lesotho (C of A (CIV) 15/2022) [2022] LSCA 61 (11 November 2022)	11 November 2022
Movement for Economic Change v Independant Electoral Commission (C of A (CIV) 68/2022) [2022] LSCA 228 (11 November 2022)	11 November 2022
Movement for Economic Change v Independant Electoral Commission (C of A (CIV) 68/2022) [2022] LSCA 28 (11 November 2022)	11 November 2022
Ntoampe v Mosa Paul Mosuoe, Executor (C of A (CIV) 34/2022) [2022] LSCA 46 (11 November 2022)	11 November 2022
Phomolong Investment (Pty) Ltd v Kel Property Company (Pty) Ltd (C of A (CIV) 28/2022) [2022] LSCA 50 (11 November 2022)	11 November 2022
Principal Secretary, Ministry of Local Government and Chieftainship v Seleso (C of A (CIV) 11/2022) [2022] LSCA 36 (11 November 2022)	11 November 2022
Principal Secretary, Ministry of Mining v Gugushe (C of A (CIV) 49/2022) [2022] LSCA 34 (11 November 2022)	11 November 2022
Procurement Policy and Advice Division v Laxton Group Limited (C of A (CIV) 26/2022) [2022] LSCA 51 (11 November 2022)	11 November 2022
Ramohafa v Labour Commissioner (C of A (CIV) 17/2022) [2022] LSCA 58 (11 November 2022)	11 November 2022
Rapita v Hlalele (C of A (CIV) 45/2022) [2022] LSCA 40 (11 November 2022)	11 November 2022
Registrar, Lesotho Medical, Dental and Pharmacy Council v Yangindu (C of A (CIV) 22/2022) [2022] LSCA 55 (11 November 2022)	11 November 2022