Civil Remedies

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

Mothala V Director General of the National Security Services (CIV/APN/66/2018) [2022]LSHC 57 (12 August 2022);

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IN THE HIGH COURT OF LESOTHO

Held in Maseru

                                                                                       CIV/APN/66/2018

In the matter between:

 

LIETSISO MOTHALA AND 77 OTHERS                  APPLICANTS

 

And

 

DIRECTOR GENERAL OF THE

NATIONAL SECURITY SERVICES                          1ST RESPONDENT

Ramahloko V Commissioner of Police (C of A No. 04/2022) [2022]LSCA 25 (13 May 2022);

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The appellant challenged his transfer in the High Court. Without any answering affidavit having been filed and without hearing submissions by counsel, the Court refused the application. No proper reasons for the order were furnished. The appeal cannot proceed meaningfully, or at all. The matter is remitted back to the High Court.

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU                             C OF A (CIV) No 04/2022  

                                                              CIV/APN/457/2021                                                                                                                                                          CIV/APN/457/2021

 

In the matter between-

 

Minister of Transport V Katleho Logistics (PTY) Ltd (C of A No. 10/2022) [2022]LSCA 02 (13 May 2022);

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IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU                                     C of A (CIV) No.10/2022

CIV/APN/68/2021

 

In the matter between:

 

MINISTER OF TRANSPORT                                                   1ST APPLICANT

PRINCIPAL SECRETARY: MINISTRY OF TRANSPORT        2ND APPLICANT

Nyamane V Lerotholi Polytechnic Governing Council (CIV/APN/0150/2022) [2022]LSHC 34 (17 June 2022);

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Review of decisions of quasi-judicial bodies. Grounds for review. Tribunal ordering retrial. Test for reasonableness of administrative action.

 

 

 

IN THE HIGH COURT OF LESOTHO

Held at Maseru

  CIV/APN/0150/2022

In the matter between

 

MOLOANTOA NYAMANE                                         1ST APPLICANT

SECHABA LEPOTA                                                 2ND APPLICANT

TOTA LEPHUTHA                                                   3RD APPLICANT

TSEPANG PHORORO                                              4TH APPLICANT

Solwandle V Security Lesotho (PTY) Ltd (CIV/T/544/2020) [2021]LSHC 26 (06 May 2021);

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CIVIL PRACTICE: Enforcement of a deed of settlement reached before the DDPR through summary judgment procedure- the defendant  raising a point in limine of jurisdiction, the argument being that the enforcement of the settlement agreement can only be done before the Labour Court as a specialised court in terms of s.34 of the Labour Code Order 1992 or before the Commercial Court- Held, the matter involves an enforcement of contract which the High Court has jurisdiction over, and has nothing to do with the employer-employee relationship- The defendant further raising a defence to the settlement  agreement which should have been raised before the DDPR- Held, the defendant not allowed to raise defences to the original cause of action when sued on the compromise.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/T/544/2020

 

In the matter between:

 

MOJALEFA SOLWANDLE                                        PLAINTIFF

 

AND

 

SECURITY LESOTHO (PTY) LTD                            DEFENDANT

 

Neutral Citation: Mojalefa Solwandle v Security Lesotho (Pty) Ltd. (CIV/T/544/2020) [2021] LSHC 41 (06 MAY 2021)

 

Cooperative Lesotho Limited V Commissioner for Cooperative (CIV/APN/49/2016) [2021]LSHC 23 (17 June 2021);

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CIVIL PRACTICE: Application for contempt of court- Applicable principles re-stated and applied- Application dismissed with costs.

 

 

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                                    CIV/APN/49/16

 

In the matter between:

 

COOPERATIVE LESOTHO LIMITED                     APPLICANT

 

AND

 

COMMISSIONER FOR COOPERATIVE                  1ST RESPONDENT

MINISTRY OF SMALL BUSINESS

DEVELOPMENT, COOPERTIVES &

Letsie V Monyau (CIV/T/511/2018) [2021]LSHC 22 (25 March 2021);

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CIVIL PRACTICE: Defendant raising a special plea that the plaintiff does not have locus standi in judicio to sue on account of the fact that the plaintiff’s vehicle was a subject of a hire purchase agreement at the time of the collision- Smit v Saipem considered and applied, and special plea dismissed.

 

IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/T/511/2018

 

 

In the matter between:

 

 

‘MATIKOE LETSIE                                                    PLAINTIFF

 

 

VS

 

 

KAMOHELO MONYAU                                             DEFENDANT

 

 

 

Moreboli v Deputy Sheriff (C of A (CIV) 03/2018) [2021] LSCA 2 (14 May 2021);

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IN THE COURT OF APPEAL OF LESOTHO

HELD AT MASERU                           

 C OF A (CIV) NO. 03/2018

 

In the matter between –

 

MATEBELO MOREBOLI                                                      APPELLANT                                                              

 

AND

 

THE DEPUTY SHERRIFF                                                    1ST RESPONDNET                                                     

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