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Citation
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Judgment date
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| November 2022 |
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11 November 2022 |
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11 November 2022 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |
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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 |