Procedure

Puma Energy Lesotho (Pty) Ltd V Sehlabo (CCA/0092/2021) [2022] LSHC 116 (20 September 2022);

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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.

 

 

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(Commercial Court Division)

 

 

HELD AT MASERU                                                   CCA/0092/2021

In the matter between:

PUMA ENERGY LS (Pty) Ltd                                                                    1STAPPLICANT TOTAL LESOTHO (Pty) Ltd                                                                        2ND APPLICANT

And

RESKOL Diamond PTY LTD V Minister of Mining (CCA/0047/2021) [2022] LSHC 114 (09 September 2022);

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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

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(Commercial Court Division)

 

 

HELD AT MASERU                                                      CCA/0047/2021

 

In the matter between:

 

RESKOL DIAMOND (Pty) Ltd                                     APPLICANT                                         

And

MINISTER OF MINING                                                1STRESPONDENT

 

Leqela t/a MEL Finance V Masupha (CCT/0015/2019) [2022] LSHC 113 (14 June 2022);

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 Rescission and intervention – Applicant refusing to release lease for a plot sold pursuant to a writ of execution – Lease surrendered to the applicant as security for money lent to judgment debtor – Applicant seeking rescission and intervention in the main matter – Applicant failing to meet the direct and substantial interest test with respect to the main matter – Application for rescission and intervention dismissed.

 

Counter – application – A plot hypothecated through an agreement between judgment debtor and micro finance lender – Judgment creditor applying for the agreement to be declared illegal and unlawful and for the release of a lease in respect of the plot – The agreement of no force and effect as it offends sec 28 of the Deeds Registry Act No. 12 of 1967 – Counter – application granted.

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(Commercial Court Division)

 

 

HELD AT MASERU                                                              CCT/0015/2019

 

In the matter between:

 

MPHO LEQELA t/a MEL FINANCE                                                              APPLICANT 

    

And

 

Nkhahle V OVK Operations Ltd (CCT/0416/17) [2022] LSHC 112 (19 August 2022);

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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. 

 

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(Commercial Court Division)

 

 

HELD AT MASERU                                                   CCT/0416/17

In the matter between:

LESIA NKHAHLE                                                                                          APPLICANT

And

Standard Lesotho Bank Limited V Mateka t/a Motlejoa Guest House (CCT/0115/2020) [2022] LSHC 111 (18 August 2022);

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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. 

 

 

 

 

 

 

 

IN THE HIGH COURT OF ESOTHO

(Commercial Court Division

 

 

 

HELD AT MASERU                                                    CCT/0115/2020

 

 

In the matter between:

 

 

STANDARD LESOTHO BANK LIMITED                 APPLICANT

 

 

And

 

 

MAMATELA AMOHETSE MATEKA t/a

Mokaeane V Palime (CIV/T/351/2021) [2022] LSHC 110 (29 June 2022);

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Application for rescission of an order dismissing a rescission application for want of prosecution – Application opposed – Urgency not established but 1st respondent acquiesced to the urgency – Despite lack of urgency court exercised discretion to deal with merits – Grounds for rescission under Rule 45(1)(a) not established – Counsel lacking authority to institute or oppose application (obiter dictum)– Application dismissed- Each party to bear its own costs.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                        CIV/T/351/2021

 

In the matter between:-

 

RETHABILE MOKAEANE                                        APPLICANT

 

v                                                               

 

LINEO PALIME                                                          RESPONDENT

 

Gugushe V Principal Secretary-Ministry of Mining (CIV/APN/232/2021) [2022] LSHC 109 (31 August 2022);

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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.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                                 CIV/APN/232/2021

In the matter between:

NOBENDI GUGUSHE                                                    APPLICANT

 

AND

 

PRINCIPAL SECRETARY-MINISTRY OF MINING   1ST RESPONDENT

THE MINISTRY OF MINING                                       2ND RESPONDENT  

Chaka V NEC Revolution for prosperity (CIV/APN/0254/2022) [2022] LSHC 108 (08 September 2022);

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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.     

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                           CIV/APN/0254/2022

 

In the matter between:

MAATANG CHAKA                                                                  APPLICANT

 

AND

 

NEC REVOLUTION FOR PROSPERITY                          1ST RESPONDENT

Mphutlane t/a Matsili Car Rental V WBHO-LSP Joint Venture (CCT/0560/2021) [2022] LSHC 105 (06 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?

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                                               CCT/0560/2021

In the matter between –

 

REITUMETSE MPHUTLANE t/a MATSILI CAR RENTALPLAINTIFF

 

And

 

WBHO-LSP JOINT VENTURE                                         DEFENDANT

 

Alotsi V Commander of the Lesotho defence Force (CIV/APN/325/2021) [2022] LSHC 104 (31 August 2022);

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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.

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO                          CIV/APN/325/2019                 

 

In the matter between:

LEHLOHONOLO ALOTSI                                                       APPLICANT                                                                                                  

and

COMMANDER OF THE LESOTHO DEFENCE           1st RESPONDENT

FORCE

                           

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