Civil Procedure

Setuka V Setuka (CIV/APN/102/2018) [2022]LSHC 16 (28 February 2022);

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Civil Procedure –preliminary points raised in lime – declarator for rights over immovable property – whether High Court has jurisdiction over land cases – point on lack of jurisdiction upheld.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

 

CIV/APN/102/2018

In the matter between:

 

MATHAI SETUKA                                                                   APPLICANT

                              

 And

 

MAHALI NKOTSI (MATSEPISO SETUKA)                 1ST RESPONDENT

Kompi V The Government of Lesotho (CIV/APN/316/2021) [2022]LSHC 14 (10 March 2022);

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Practice and procedure – Review of employment-related decisions and actions of the government as employer of a public officer – Such disputes fall outside the High Court’s review jurisdiction – The entry point is the fora created by the Public Service Act, i.e. the public officers’ dispute settlement regime.

IN THE HIGH COURT OF LESOTHO

 

                                                                                                                                            

Held at Maseru    

                                                                                                               CIV/APN/316/2021

In the matter between:

 

TSOKOLO FRANZ KOMPI & OTHERS                         APPLICANTS

                               

Puma Energy Lesotho (PTY) LTd V Russell (CIV/A/30/2021) [2022] LSHC 12 (17 March 2022);

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  SUMMARY

CIVIL PRACTICE: Appeal against the decision of magistrate issuing final orders without first affording the appellant a hearing and for having based his judgment on issues not foreshadowed in the pleadings- Held, appeal must succeed on these grounds

 

 

 

IN THE HIGH COURT OF LESOTHO

COMMERCIAL DIVISION

 

HELD AT MASERU                                                              CIV/A/30/2021

 

In the matter between

 

PUMA ENERGY LESOTHO (PTY) LTD                             APPELLANT

 

AND

 

‘MALELOKO RUSSELL N.O.                                    1ST RESPONDENT

Moalosi V Medical Superitendent Machabeng Hospital (CIV/T/810/2019) [2021]LSHC 26 (11 November 2021);

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                                                                         SUMMARY

Civil Practice and Procedure: The Plaintiff applying to have the defendant’s plea filed more than a year late, without applying for upliftment of the bar, to be set aside as an irregular step- Held, the such a late filing of plea constitutes an irregular step and is accordingly set aside.

 

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/T/810/19

 

In the matter between

 

RETHABILE MOALOSI O.B.O

TEBOHO MOALOSI                                                   PLAINTIFF

 

AND

 

MEDICAL SUPERINTENDENT                               

Taole V Mangaula (C of A (CIV) 22/2021) [2021] LSCA 39 (12 November 2021);

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Practice -  Parties -  Joinder of parties - When required -  Necessary parties - Another party to dispute should be joined - Appeal - Appeal Court taking point of non-joinder mero motu - Form of order.

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU

C OF A (CIV) 22/2021

In the matter between:

 

NTHABELENG TAOLE                            FIRST APPELLANT

NYOLOHELO MOHALE                            SECOND APPELLANT

 

And

 

JIMMY MONGAULA                                1ST RESPONDENT

‘MAMOLEBOHENG MONGAULA               2ND RESPONDENT

 

Naeem V Maseru Cash & Carry LTD (PTY) (CCT/0402/2019) [2021]LSHC 70 (03 May 2021);

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Application for rescission of the judgment- The judgment having been granted by default – The ground for rescission being that default judgment was sought for and granted erroneously against the Applicant personally yet the debt was incurred while he was acting for the company – The Applicant having incurred the debt as a sole trader before the company was registered – There being no evidence that the Applicant had at any stage alluded the 1st Respondent about the change of his personal status to that of the Company, the latter was entitled to sue him in his private capacity.  Thus, application refused.  No order on costs.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                             CCT/0401/2019

CCA/0401/2021

 

In the matter between:

ASIF MAHMOOD NAEEM                                              APPLICANT

AND

MASERU CASH AND CARRY (PTY) LTD           1ST RESPONDENT

DEPUTY SHERIFF (L.MIKA)                          2ND RESPONDENT

 

Morie V Lesotho General Insurance Company Limited (CIV/T/360/2012) [2021]LSHC 58 (23 August 2021);

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Application for substitution - the person to be substituted neither an executor of the deceased’s estate nor his heir but relies on his appointment as a guardian of the deceased’s minor child - whether he lacks capacity to continue with the litigation.

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                      CIV/T/360/2012

 

In the matter between

 

MOTSAMAI MORIE                                            APPLICANT

 

AND

 

LESOTHO NATIONAL GENERAL INSURANCE

COMPANY LIMITED                                           RESPONDENT                          

                                               

Masienyane V Maluti Mountain Brewery (CIV/T/594/2013) [2021]LSHC 47 (15 February 2021);

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Civil procedure – application to set aside an irregular step or proceedings – service of notice to amend summons – defendant failing to object before expiry of 14 days – whether computation of the period for objection includes weekends – High Court Rules 1, 4(4), 30 and 33.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

CIV/T/594/2013

 

In the matter between:

 

 

LEHLOHONOLO MASIENYANE                                 1ST APPLICANT

 

‘MAKABELO MASIENYANE                                        2ND APPLICANT

                                     

 And

 

MALOTI MOUNTAIN BREWERY                                1ST DEFENDANT

Chaka V First National Bank (CCT/0420/2019) [2021]LSHC 45 (25 February 2021);

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Rescission application – summons served at chosen docilium citandi – applicant alleging that service unreasonably made it difficult to get service or be aware of it – applicant being aware of judgment when served with a writ of execution and notice of sale of property – rescission sought on basis of Rule 45 (a) – whether service proper – whether Rule 45 (a) or Rule 27 (6) controlling – High Court Rules 1980, rules 4, 8, 19, 27 (6), 45 (a) and 47 (3).

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

(COMMERCIAL DIVISION)

 

Held at Maseru

CCT/0420/2019

 

In the matter between:

 

 

MAHASE ARMSTRONG CHAKA                                          APPLICANT

                            

 And

 

FIRST NATIONAL BANK OF LESOTHO                     1ST RESPONDENT

 

Makoko V 'Mako (CIV/T/650/2020) [2021]LSHC 35 (25 March 2021);

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CIVIL PRACTICE: An exception being taken to the pleadings on the ground that the prayer sought in the main does not disclose the cause of action- Given that the prayer seems to present a distinct and separate cause of action not pleaded in the Declaration, held,  it is therefore excipiable- A further exception targeted at Declaration that it does not support some of the claims- Held, that an exception of this sought is not allowed as it does not serve the purpose for which the exception is employed.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/T/650/2020

 

 

In the matter between:

 

 

TAUMANE MAKOKO                                                PLAINTIFF

 

 

AND

 

 

‘MAMMAKO ‘MAKO                                                 DEFENDANT

 

 

 

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