Legal Practice

Molapo v Molapo (CIV/APN/94/20) [2020] LSHC 31 (25 September 2020);

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CIVIL PRACTICE: The applicant applying for contempt of court against the respondent for defying an order of court- Contempt of court principles re-stated and applied- The respondent found to be in contempt.

                         IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                                         CIV/APN/94/20

 

In the Matter Between:-

 

‘MALEROTHOLI MOLAPO                                           APPLICANT                                               

AND

 

TEBATSO MOLAPO                                                    1ST RESPONDENT

 

STATION COMMANDER

Malokotsa v Seqhee (CIV/T/565/18) [2020] LSHC 30 (05 March 2020);

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CASE SUMMARY:  Civil Practice:  The plaintiff suing the defendant requesting a declarator that a developed site forms part of the plaintiff’s joint estate with her late husband who had cohabited with the defendant – the defendant excepting to the pleadings on the basis that the High Court in its ordinary jurisdiction cannot hear and determine matters which fall under the jurisdiction of Land Court  - Held that although ordinarily, an objection to jurisdiction should be  raised by way of a special plea, it is however, permissible for it to be raised as an exception where lack thereof is apparent ex facie the pleadings.      

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                         CIV/T/565/18

 

In the Matter Between:-

 

‘MAFOLE ELIZA MALOKOTSA                                                    PLAINTIFF

AND

‘MAAKHENTE SEQHEE                                                                 DEFENDENT

 

Selikane v Nkhope (CCA/0027/20) [2020] LSHC 28 (17 August 2020);

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CIVIL PRACTICE- Applicant launching an application in circumstances where material disputes of fact were reasonably foreseeable- Applicable principles re-stated-Application dismissed on account that it was reasonably foreseeable that material disputes of fact would arise- Raising points in limine and the approach to determining validity of same- Lis pendens and how it should be dealt with- The court determining that it was in the interest of fairness and convenience to the parties that the application be dealt with on account of the fact that the parties have been awaiting judgment for two years in the initial matter.

                         IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                                   CCA/0027/2020

 

In the Matter Between:-

 

 

TS’EPISO SELIKANE                                          APPLICANT                                                     

AND

 

MANAPO NKHOPE                                              1ST RESPONDENT

 

Friedland v Mosotho (CCA/0063/20) [2020] LSHC 25 (15 October 2020);

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CIVIL PRACTICE: The applicants seeking rescission of an order in terms of Rule 45 of the High Court Rules- Definition of a director of a company considered and applied- Application for rescission granted as prayed.

CCA/0063/2020

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

In the matter between:

RICHARD FRIEDLAND                                                                1ST  APPLICANT

CHRISTOFFEL SMITH                                                                 2ND   APPLICANT

NETCARE HOSPITALS GROUP (PTY) LTD                            3RD   APPLICANT

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