Actions and applications
DEBCAS Catering Services V Matsinyane (CCT/0025/2021) [2022] LSHC 128 (30 September 2022);

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.
IN THE HIGH COURT OF LESOTHO
(Commercial Court Division)
HELD AT MASERU CCT/0025/2021
In the matter between:
DEBCAS CATERING SERVICES 1ST APPLICANT
JULIA MASIENYANE 2ND APPLICANT
And
‘MATUMELO MATSINYANE RESPONDENT
Puma Energy Lesotho (Pty) Ltd V Sehlabo (CCA/0092/2021) [2022] LSHC 116 (20 September 2022);

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.
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);

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

SUMMARY:
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);

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

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.
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);

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
Kabane V Pricipal Secretary Ministry of Police and Public Safety (CIV/APN/226/2018) [2022] LSHC 98 (17 June 2022);

SUMMARY
Contempt of court – Application not opposed - Party not properly cited – Notice of Motion not addressed to anyone - Elements of Contempt – facts relied upon not proving contempt– facts alleged supporting ad pecuniam solvendam – applicant failed to discharge burden – no contempt proven beyond reasonable doubt – no order as to costs.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU
CIV/APN/226/ 2018
In the matter between
MAKOBELI LIMPHO KABANE APPLICANT
AND
PRINCIPAL SECRETARY 1ST RESPONDENT
Dr. Michel Ilunga Yangindu V The Registrar-Lesotho Medical, Dental and Pharmacy Council (CIV/APN/37/2021) [2022] LSHC 87 (26 May 2022);

SUMMARY:
Contempt of court-locus standi for contempt of court-jurisdiction of the court in contempt proceedings. Complying with an unlawful court order.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/APN/37/2021
In the matter between
DOCTOR MICHEL ILUNGA YANGINDU APPLICANT
V
THE REGISTRAR - LESOTHO MEDICAL
DENTAL, AND PHARMACY COUNCIL 1ST RESPONDENT
LESOTHO MEDICAL AND PHARMACY