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5,012 judgments

Citation	Judgment date
March 2026
Chinia Charles V Thabo Manyala & 3 Others (CIV/T/0345/2021) [2026] LSHC 7 (5 March 2026)	5 March 2026
Hon. Teboho Mojapela & 2 Others V The Hon. Speaker of the National Assembly & 4 Others (CONST CASE 0013/2024) [2026] LSHC 2 (5 March 2026)	5 March 2026
Karabo Ralebakeng V Alliance Insurance Company Ltd (CIV/T/815/2018) [2026] LSHC 9 (3 March 2026)	3 March 2026
February 2026
Tumelo Tlelai V Tholo Energy (Pty) Ltd (CCT/0010/2025) [2026] LSHC 8 (26 February 2026)	26 February 2026
Tsietsi Mapeshoane V LDF & 2 Others (CIV/T/0039/2022ND) [2026] LSHC 1 (10 February 2026)	10 February 2026
Fantastic Clothing (PTY) Ltd V Luqy's Group Investment (PTY) Ltd (CCT/0370/2020) [2026] LSHC 3 (5 February 2026)	5 February 2026
Mphou Khafa V Sechaba Sepamo & Ano. (CCT/643/2020) [2026] LSHC 6 (3 February 2026)	3 February 2026
Racecourse Mall t/a Maseru Mall (PTY) Ltd V Rethabile Potloane & Ano. (CCT/0503/2022) [2026] LSHC 5 (3 February 2026)	3 February 2026
January 2026
Netcare Hospitals (PTY) Ltd & 2 Others V Tsepong (PTY) Ltd (CCT/0079/2024) [2026] LSHC 4 (8 January 2026)	8 January 2026
December 2025
Tholoana Molapo V Mankuebe Molapo & 9 Others (CONST. No 0023/2022) [2025] LSHC 260 (15 December 2025)	15 December 2025
DENMAR PTY Ltd V Thabane Moseme t/a Moratoe General Dealer (CCT/0402/2023) [2025] LSHC 264 (11 December 2025)	11 December 2025
EXR Construction Pty Ltd V Lesotho Revenue Authority & Ano. (CIV/APN/23/2019) [2025] LSHC 266 (11 December 2025)	11 December 2025
Molupe Mats'umunyane V Principal Secretary - Ministry of Natural Resources & 2 Others (CCA/0097/2024) [2025] LSHC 268 (11 December 2025)	11 December 2025
Setumo Lebokollane & Ano. V City prime Estates Pty Ltd & Ano. (CCT/0487/2022) [2025] LSHC 271 (11 December 2025)	11 December 2025
Standard Lesotho Bank V Mokhoenene Lehohla (CCA/0305/2024) [2025] LSHC 269 (11 December 2025)	11 December 2025
Malefetsane Mafole V Majoalane Mafole & 3 Others (LC/APN/0005/2022ND) [2025] LSHC 252 (6 December 2025)	6 December 2025
R V Thokoane Maqelepo & 14 Others (CRI/T/0067/2024) [2025] LSHC 255 (5 December 2025)	5 December 2025
Boithatelo Ratsoane V Baphuthi Matona (CIV/T/425/2019) [2025] LSHC 261 (3 December 2025)	3 December 2025
R V Tlelase & 3 Others (CRI/T/0007/2024) [2025] LSHC 254 (3 December 2025)	3 December 2025
November 2025
R v Refuoe Sesiu (CRI/T/0061/2025) [2025] LSHC 256 (21 November 2025)	21 November 2025
Botho University (Pty) Ltd V Leseli Community Centre (Pty) Ltd (CCT/0140/2023) [2025] LSHC 273 (11 November 2025)	11 November 2025
R V Temeki Ts'olo & Ano. (CRI/T/0009/2024) [2025] LSHC 258 (11 November 2025)	11 November 2025
Abel Bushman V Attorney General (C of A (CIV) 47/2020) [2025] LSCA 71 (7 November 2025) Delict — Police assault — Quantum of damages — Appellate interference — Medical evidence — Global award — Special damages: strict proof, causation, and pleadings cap — Remoteness — Constitutional/dignitary harm — Interest a tempore morae	7 November 2025
Basotho Convention Movement & Ano. V The Commissioner of Police & 17 Others (C of A (CIV) No.32/2025) [2025] LSCA 59 (7 November 2025) Constitutional and Administrative Law — Jurisdiction — Foreign States and International Organisations — Sovereign Immunity — Whether Courts of Lesotho have jurisdiction to make orders against foreign governments or international bodies — Distinction between jurisdiction over foreign entities and domestic authorities — Allegations of threats to personal liberty and safety — Duty of courts to safeguard constitutional rights within Lesotho’s territory notwithstanding foreign involvement	7 November 2025
Director of Public Prosecutions V Jobere Kelane (C of A (CRI REV) 01/2025) [2025] LSCA 74 (7 November 2025) Criminal law — Murder — Sentence — Power of Court of Appeal to enhance sentence — Review of Court’s own order — Patent error — Suspension of sentence for murder — Section 314(2) of the Criminal Procedure and Evidence 2 Act 1981 — Duty of counsel to assist the court — Exceptional jurisdiction to correct error	7 November 2025
Eminence Electro Mechanical & Construction (PTY) LTD V Mafeteng District Council & 2 Others (C of A (CIV) 45/2025) [2025] LSCA 69 (7 November 2025) Appeal — Interlocutory order — Urgency — High Court striking application off the roll for want of urgency — Whether such ruling final or interlocutory — Section 16(1)(b) of the Court of Appeal Act 1978 — Leave to appeal — Jurisdiction	7 November 2025
First National Bank of Lesotho VBokang Mohajane & Ano. (C of A (CIV) No.67.2022) [2025] LSCA 68 (7 November 2025) Appeal — Failure to prosecute — Rule 5 of the Court of Appeal Rules 2006 — Record of proceedings not lodged within prescribed time — Effect of non-compliance — Appeal lapsing automatically — Jurisdiction of Court — Finality and procedural discipline	7 November 2025
Hlomohang Morokole & 4 Others V The Principal Secretary , Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 15/2025) [2025] LSCA 48 (7 November 2025) FLYNOTE Administrative Law — Judicial review — Diplomatic service — Irrational and unequal treatment — Failure to convert salaries of South African-based diplomats into United States dollars while doing so for other missions — Whether exclusion rational and legally defensible — Reviewability of executive policy — High Court’s failure to address substantive review grounds — Serious misdirection. Prescription — Government Proceedings and Contracts Act 1965, s 6 — Whether applicable to review proceedings — Requirement that prescription be specifically pleaded and proved — Onus on the party alleging it — Court may not raise prescription mero motu. Contract — Incorporation of terms — Requirement of notice and intention to be contractually binding — Exclusionary savingram not forming part of contracts of service — No evidence that appellants were aware of or consented to it	7 November 2025
James Rashid Rajah V Resident Magistrate Banyane & 3 Others (C of A (CIV) No 22/2018) [2025] LSCA 51 (7 November 2025) Appeal — Failure to appear — Want of prosecution — Striking off the roll — Rule 5 of the Court of Appeal Rules — Appellant and counsel 2 absent despite prior indulgence — Inherent power of the Court to regulate its own process — Interests of justice and finality — Proper exercise of discretion	7 November 2025
Joel Mathealira V Pontso Mathealira & 2 Others (C of A (CIV) No.31/2025) [2025] LSCA 58 (7 November 2025) Chieftainship — Succession — Interpretation of section 10(1)–(4) of the Chieftainship Act 1968 (as amended) — Primogeniture and legitimacy — Widow succession — Heir-apparent predeceasing incumbent — No surviving male issue — Custodial widowship and continuity of the senior house — Younger brother’s claim — Customary law and constitutional context — Section 103 of the Constitution	7 November 2025
Lesotho Association of Non-Formal Education V Women Going Beyond & Ano. (C of A (CIV) No.37/2025) [2025] LSCA 61 (7 November 2025) Civil Procedure – Rescission of default judgment – Failure to enter appearance to defend – Rule 27 (old Rules) and Rule 45 of the High Court Rules 1980 distinguished – Requirement of formal condonation application for delay – Misguided refusal by court a quo to consider “good cause” under Rule 27(6)(c) – Judicial discretion to rescind – Court of Appeal’s power to interfere where discretion not properly exercised – Distinction between authority to sue and validity of power of attorney emphasized – Resolution to litigate not equivalent to proper authorization to act – Default judgment rescinded and matter remitted to High Court for hearing on the merits	7 November 2025
Lesotho Highlands Development Authority (C of A (CIV) No.28/2025) [2025] LSCA 57 (7 November 2025) Constitutional and Administrative Law — Compensation for deprivation of property — Lesotho Highlands Water Project — Statutory obligation of Lesotho 2 Highlands Development Authority (LHDA) to compensate affected communities — Whether LHDA could rely on In-Stream Flow Requirement (IFR) Policy to deny payment — Failure to consult affected communities — Rule of law and administrative fairness — Duty arising ex lege, not ex consensu	7 November 2025
Lesotho Police Staff Association V Tanki Ratsiu & 5 Others (C of A (CIV) No.38/2025) [2025] LSCA 62 (7 November 2025) Appeal — Punitive Costs — Misjoinder — Audi Alteram Partem — Judicial Discretion — Appellate Intervention	7 November 2025
Lietsiso Mothala &76 Others V Director General National Security Service & 3 Others (C of A (CIV) 60/2025) [2025] LSCA 78 (7 November 2025) Administrative law – National Security Service – Lawful discharge – Principle against self-help – Collateral challenge – Jurisdiction of High Court – Rule of law and state security	7 November 2025
Likhapha Seliane V The Principal Secretary- Ministry of Foreign Affairs and International Relations & 2 Others (C of A (CIV) No 18/2025) [2025] LSCA 49 (7 November 2025) Public Service — Diplomacy — Recall of Consul General — Absence of Exequatur — Whether renders appointment void — Legitimate expectation — Termination clause — Administrative fairness — Rationality — Government’s 2 omission — International and domestic law interface — Vienna Convention on Consular Relations (1963) — Articles 12, 22, and 36 — Contractual and administrative legality	7 November 2025
Litsietsi Tlelase & Ano. V The Commissioner of Police & 5 Others (C of A (CIV) 46/2025) [2025] LSCA 70 (7 November 2025) Limitation of Actions – Section 77 of the Police Service Act – Extension of Time – Condonation – Death in Police Custody – Inquest Findings – Good Cause – Indigency – Right to Life – Rule of Law – Public Interest	7 November 2025
Litsoene Makhamisa V Director of Public Prosecution (C of A (CRI) 2/2025) [2025] LSCA 76 (7 November 2025) Criminal Law – Murder – Causation – Whether the chain of causation was broken – Role of medical versus eyewitness evidence – Extenuating circumstances – Sentence. Evidence – Evaluation of conflicting testimony – Preference of credible direct evidence over inconclusive expert opinion – Medical evidence not conclusive but advisory – Court entitled to rely on credible eyewitnesses where consistent with other evidence. Appellate Review – Limited interference with findings of fact – Appellate court slow to disturb trial court’s assessment of credibility unless findings are plainly wrong or vitiated by misdirection. Practice and Procedure – Substitution of lesser offence – Arson reduced to unlawful damage to property under section 198 of the Criminal Procedure and Evidence Act – No prejudice to accused where essential elements of the lesser offence are included in the greater. Sentence – Discretion of trial court – Appellate intervention only where sentence induces a sense of shock or is vitiated by misdirection – 25-year term for brutal, unprovoked killing of defenceless spouse not excessive	7 November 2025
'Mamohale Matsoso V The Principal Secretary- Ministry of Public Service (C of A (CIV) 53/2025) [2025] LSCA 80 (7 November 2025) Labour law — Jurisdiction — Public officer — Transfer — Review — Whether High Court retains jurisdiction under section 119(1) of the Constitution after enactment of Labour Act, 2024 — Construction of sections 50(2)(j) and 51(1) of Labour Act, 2024 — Meaning of “any other labour law” — Whether Public Service Act 2005, Public Service Regulations 2008 and Basic Conditions of Employment for Public Officers 2011 fall within the scope of Labour Court’s exclusive review jurisdiction — Distinction between illegality and unfair labour practice — Effect of section 5(e) of the Labour Act on concurrent remedies	7 November 2025
Mamorero Mpobole V Tahleho Mpobole & 5 Others (C of A (CIV) No.40/2025) [2025] LSCA 64 (7 November 2025) Family law – Custody of children – Best interests of the child – Paramountcy principle – Litigation delays and procedural irregularities – Appeal struck off by consent owing to defective and confused record – Duty of practitioners to conduct custody litigation with diligence and clarity. Procedure – Appeals – Leave to appeal – Defective and incomplete record – Confusion as to judgment appealed against – Grounds of appeal unrelated to impugned order – Effect of sloppy litigation on administration of justice. Practice and conduct – Role of lawyers and adjudicators – The best interests of the child as a guiding principle – Paramountcy of children’s welfare does not excuse procedural negligence – Importance of disciplined, responsible and coherent advocacy in family disputes	7 November 2025
Mamphuto Jessie V Executrix Estate Mohapi Jessie & 2 Others (C of A (CIV/REV) No 02/2025) [2025] LSCA 47 (7 November 2025) Review – Exceptional jurisdiction of apex court – Application to review its own final judgment – Scope and limits of review power – Distinction between review and rehearing – Patent error or gross injustice as the only grounds – Freedom 2 of testation – Trust inter vivos versus mortis causa – Whether issue raised on review was before High Court or on appeal – Finality of litigation and abuse of process – Costs in estate	7 November 2025
'Mampolokeng Matela V Democratic Gongress & 6 Others (C of A (CIV) 57/2025) [2025] LSCA 79 (7 November 2025) Civil Procedure — Rule nisi — Discharge — Effect — Jurisdiction — Whether proceedings may continue after discharge of rule nisi — Discharge of rule nisi terminates proceedings — Subsequent “judgment” a nullity	7 November 2025
‘Matebello Rakhoho V Teaching Service Commission & 6 Others (C OF A (CIV) NO. 23/2025) [2025] LSCA 54 (7 November 2025) Administrative Law — Review — Appointment of school principal — Teaching Service Commission — Candidate’s withdrawal prior to assessment — Commission appointing withdrawn candidate — Failure to afford hearing to remaining candidate — Procedural fairness — Audi alteram partem — Presumption of regularity rebutted by documentary proof — Fatal misdirection by court a quo. Education Law — Teaching Service Commission — Discretion in appointments — Scope and limits — Commission’s powers under section 42(1) of the Education Act 2010 and Teaching Service Regulations 2002 — Discretion wide but not absolute — Must be exercised lawfully, rationally, and with procedural fairness. Appeal — Review of administrative decision — Court below failing to address decisive fact of withdrawal — Failure to determine effect of undisputed evidence amounting to misdirection — Appointment set aside and matter remitted to Commission for reconsideration	7 November 2025
Moeketsi Mohlahatsa & Ano. V The Commander LDF & Ano. (C of A (CIV/REV) No. 39/2025) [2025] LSCA 63 (7 November 2025) Administrative Law — Review — Delay in institution of proceedings — Unreasonable delay — Effect — Continuing cause of action — Distinction between gratuity and pension — Gratuity payable once-off and does not give rise to a continuing cause of action — Pension payable periodically and giving rise to a new cause of action each month when short-paid — Review dismissed for unreasonable delay in respect of gratuity but allowed regarding pension — Matter remitted to High Court	7 November 2025
Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025) [2025] LSCA 66 (7 November 2025) Civil Procedure – Urgent Applications – Interim Custody of Disputed Property – Ownership and Possession – Rei Vindicatio and Spoliation – Suspension of Execution Pending Appeal – Peregrinus and Security for Costs – Jurisdiction and Lis Pendens – Principles of Urgent Relief	7 November 2025
Napo Seema V Director-National Manpower Development Secretariat & 5 Others (CV of A (CIV) No.33/2025) [2025] LSCA 60 (7 November 2025) Administrative Law — Public Service — Study leave as prerequisite for state sponsorship — Loan Bursary Agreement — Withdrawal from study leave — Whether withdrawal from study leave automatically terminates bursary agreement — Whether NMDS obliged to continue sponsorship notwithstanding return to duty — Good cause for revocation	7 November 2025
Police Constable Duma V Commissioner of Police & 2 Others (C of A (CIV) No.25/2025) [2025] LSCA 56 (7 November 2025) Administrative Law — Employment in disciplined forces — Lesotho Mounted Police Service — Dismissal under section 31(1)(i) of the Police Service Act 1998 — Whether written representations satisfy the requirement of a fair hearing — Commissioner’s discretion to invoke section 31 rather than the full disciplinary process under Part V — Oral hearing not mandatory where written representations suffice — Judicial review of administrative discretion — Scope of appellate interference with discretionary decisions	7 November 2025
Realeboha Nkuatsana & Ano. V Minister of Justice, Law and Parliamentary Affairs & 2 Others (C of A (CIV) No 19/2025) [2025] LSCA 50 (7 November 2025) Constitutional Law – Jurisdiction of the High Court – Enforcement of fundamental rights under section 19 of the Constitution – Proper procedure under section 22 of the Constitution and the Constitutional Litigation Rules – 2 Distinction between ordinary and constitutional jurisdiction – Application brought as an ordinary civil claim instead of under section 22 – Non-compliance with constitutional procedure rendering proceedings a nullity – Matter to commence de novo before the High Court exercising its constitutional jurisdiction – Principle against bifurcation of proceedings reaffirmed	7 November 2025
Reli Khobotle V Qacha's Nek Urban Council (C of A (CIV) 52/2025) [2025] LSCA 73 (7 November 2025) Land Law – Allocation of land – Validity of Form C – Applicable legislation – Whether land allocated under the Land Act 1973 or the Land Act 1979 – Determination governed by the date of allocation and issuance of Form C – Principal Chief’s authority under section 4(2) of the Land Act 1973 – Commencement of the Land Act 1979 on 16 June 1980 – Absence of proof that appellant unlawfully allocated land to himself – High Court misdirected itself by treating Form C as issued under wrong statute – Appeal upheld; Form C validly issued under the 1973 Act	7 November 2025
Revenue Services Lesotho & Ano. V Liqhobong Mining Development & Ano. (C of A (CIV) No.43/2025) [2025] LSCA 67 (7 November 2025) Revenue law – Jurisdiction – High Court vs specialised tax tribunal – “Pay now, argue later” – Ouster or deferment of jurisdiction – Interdict to suspend tax payment – RAT Act 2005 – Income Tax Act 1993 – Condonation – Leave to appeal – Final vs interlocutory	7 November 2025
Teboho Liau V Minister of Defence and National Security & 3 Others (C of A (CIV) 22/2025) [2025] LSCA 52 (7 November 2025) Condonation – Delay in instituting review proceedings – Reasonableness of delay – Explanation – Prospects of success – Res judicata – Punitive costs	7 November 2025