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Title
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Date
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Judgment |
10 February 2026 |
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Appeal — Failure to appear — Want of prosecution — Striking off the roll — Rule 5 of the Court of Appeal Rules — Appellant and counsel 2 absent despite prior indulgence — Inherent power of the Court to regulate its own process — Interests of justice and finality — Proper exercise of discretion
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Judgment |
7 November 2025 |
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Civil Procedure – Rescission of default judgment – Failure to enter appearance to defend – Rule 27 (old Rules) and Rule 45 of the High Court Rules 1980 distinguished – Requirement of formal condonation application for delay – Misguided refusal by court a quo to consider “good cause” under Rule 27(6)(c) – Judicial discretion to rescind – Court of Appeal’s power to interfere where discretion not properly exercised – Distinction between authority to sue and validity of power of attorney emphasized – Resolution to litigate not equivalent to proper authorization to act – Default judgment rescinded and matter remitted to High Court for hearing on the merits
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Judgment |
7 November 2025 |
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Limitation of Actions – Section 77 of the Police Service Act – Extension of Time – Condonation – Death in Police Custody – Inquest Findings – Good Cause – Indigency – Right to Life – Rule of Law – Public Interest
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Judgment |
7 November 2025 |
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Review – Exceptional jurisdiction of apex court – Application to review its own final judgment – Scope and limits of review power – Distinction between review and rehearing – Patent error or gross injustice as the only grounds – Freedom 2 of testation – Trust inter vivos versus mortis causa – Whether issue raised on review was before High Court or on appeal – Finality of litigation and abuse of process – Costs in estate
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Judgment |
7 November 2025 |
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Civil Procedure — Rule nisi — Discharge — Effect — Jurisdiction — Whether proceedings may continue after discharge of rule nisi — Discharge of rule nisi terminates proceedings — Subsequent “judgment” a nullity
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Judgment |
7 November 2025 |
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Condonation – Delay in instituting review proceedings – Reasonableness of delay – Explanation – Prospects of success – Res judicata – Punitive costs
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Judgment |
7 November 2025 |
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Constitutional Law — Locus Standi — Direct and Personal Interest — Section 22(1) of the Constitution of Lesotho
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Judgment |
7 November 2025 |
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Review of Court of Appeal Judgment — Exceptional Jurisdiction — Inherent Review Powers of Apex Court — Patent Error or Gross Injustice Threshold — New Cause of Action Raised on Review — Compensation for Improvements to 2 Land Not Claimed in Lower Courts — Abuse of Process — Condonation — Late Filing of Heads — Costs de bonis propriis
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Judgment |
15 October 2025 |
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Court of Appeal — Review of its own judgment — Jurisdiction — Not provided for in Constitution, statute, or Rules — Inherent jurisdiction to review only in exceptional circumstances — Gross miscarriage of justice or patent error required — Review not a disguised appeal — Principle of finality in litigation reaffirmed. Composition of the Court — Objection to reconstituted panel — Argument that review must be heard by the same judges who decided the appeal — No merit — Allocation of judges is an internal management function of the President — No constitutional or statutory requirement that the same panel hear review proceedings. Procedure — Abuse of review jurisdiction — Growing misuse of process — Court introducing new procedural safeguards — Requirement of petition to establish exceptional circumstances before review jurisdiction invoked — Filtering mechanism to prevent abuse. Costs — Discretionary — Each party to bear its own costs — Court cautioning against unnecessary and unmeritorious applications — Dissent on costs: review unmeritorious but objection arguable — Costs of review to be borne by applicant; no order as to costs on composition objection
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Judgment |
7 October 2025 |
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Judgment |
18 September 2025 |
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Judgment |
11 September 2025 |
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Judgment |
11 September 2025 |
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Judgment |
4 September 2025 |
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Judgment |
14 August 2025 |
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Judgment |
6 August 2025 |
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Judgment |
28 July 2025 |
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Judgment |
9 June 2025 |
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Judgment |
19 May 2025 |
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FLYNOTE Summary judgment – Appealability – Interlocutory order – Financial Consumer Protection Act 2022 – Counterclaim – Procedural fairness – Leave to appeal – Summary dismissal – Costs
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Judgment |
2 May 2025 |
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FLYNOTE Contempt of Court – Procurement Tribunal – Enforcement of Tribunal Order – Validity and Limits of Court Orders – Public Procurement Regulations – Res Judicata – Statutory Illegality as Defence – Whether disobedience of court order can be justified on grounds of statutory non-compliance
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Judgment |
2 May 2025 |
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FLYNOTE Civil Procedure — Rescission of default judgment — Whether appellant afforded opportunity to be heard — Mandatory nature of Rule 18(2) of the District Land Court Rules — Bona fide defence — Audi alteram partem — Appeal dismissed
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Judgment |
2 May 2025 |
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FLYNOTE Civil Procedure — Postponement of appeal — Representation — Counsel withdrawal — Continuation of stay of execution — Costs in the cause
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Judgment |
2 May 2025 |
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FLYNOTE, Civil Procedure – Leave to appeal – Section 17 of the Court of Appeal Act 1978 – Whether leave to appeal required from decision of High Court in review matters – Distinction between appellate and original jurisdiction – Decision in Ntoetsi Tau-Tona v Maphoka Ramoea overruled – Application for leave struck off roll – No order as to costs
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Judgment |
2 May 2025 |
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FLYNOTE Civil Procedure – Appeal – Lapsed appeal – Rules of Court of Appeal 2006, rules 4, 5(1), 5(3) and 15(3) – Application for declarator and condonation – Misconceived application – Duty of legal practitioners – Costs de bonis propriis
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Judgment |
2 May 2025 |
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FLYNOTE Civil Procedure – Condonation – Appeal – Functus officio – Execution – Whether High Court may set aside writ of execution inconsistent with its original judgment – Application to amend writ – Delay in lodging appeal – Reasonableness of explanation – Prospects of success – In duplum rule – Legal finality
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Judgment |
2 May 2025 |
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FLYNOTE Police – Malicious arrest – Claim for damages – Special plea of prescription – Police Service Act 1998, s 77 – Whether High Court entitled to determine prescription without hearing oral evidence – Failure to adduce evidence on interruption of prescription – Whether remittal appropriate – Use of “torture” in absence of supporting evidence
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Judgment |
2 May 2025 |
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FLYNOTE Civil Procedure – Leave to appeal – Interlocutory order – Amendment of pleadings – Piecemeal appeals – Withdrawal of application – Costs
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Judgment |
2 May 2025 |
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Judgment |
14 April 2025 |
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Judgment |
24 March 2025 |
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Judgment |
28 February 2025 |
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Judgment |
11 February 2025 |
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Judgment |
26 November 2024 |
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Judgment |
13 November 2024 |
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Judgment |
18 October 2024 |
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Judgment |
20 August 2024 |
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Judgment |
10 June 2024 |
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Judgment |
15 May 2024 |
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Judgment |
28 March 2024 |
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Judgment |
22 March 2024 |
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Judgment |
25 August 2023 |
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Judgment |
2 August 2023 |
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Judgment |
7 March 2023 |
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Judgment |
7 November 2022 |
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Judgment |
31 October 2022 |
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Judgment |
3 October 2022 |
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Judgment |
29 September 2022 |