Results.
558 documents found.
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Jurisdiction |
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Lesotho
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18 May 2026 |
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Civil Practice and Procedure — Temporary injunction — Ex-parte application — Principles governing grant — Prima facie case — Irreparable harm — Urgency — Preservation of subject matter — Status quo — Alleged unlawful eviction — Ministerial directive declaring land as Government property — Whether Court can intervene ex-parte to restrain eviction pending inter-partes hearing — Civil Procedure Decree, Cap. 8, Order XVIII Rule 3; High Court Act No. 2 of 1985, s. 3
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Tanzania
· Zanzibar
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29 April 2026 |
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Lesotho
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23 April 2026 |
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Lesotho
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31 March 2026 |
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Lesotho
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23 March 2026 |
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Civil Procedure—Dismissal of suit—Failure to adduce evidence—Order XX Rule 3 of the Civil Procedure Decree, Cap. 28—Effect of dismissal—Whether amounts to decision on merits—Whether Court functus officio—Proper remedy—Application to set aside—Maintainability thereof
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Tanzania
· Zanzibar
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18 March 2026 |
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Lesotho
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5 March 2026 |
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Lesotho
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5 March 2026 |
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Lesotho
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3 March 2026 |
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Lesotho
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26 February 2026 |
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Lesotho
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19 February 2026 |
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Lesotho
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10 February 2026 |
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Lesotho
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5 February 2026 |
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Lesotho
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3 February 2026 |
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Lesotho
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3 February 2026 |
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Lesotho
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8 January 2026 |
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The claimant’s late-registered lease was void; earlier registered lease prevails and the trespass claim is dismissed.
Deeds Registration Act – mandatory registration period; late registration renders instrument void – priority of registration under s.8
Trespass – possessory tort; possession ordinarily sufficient but yields to superior registered title. Nemo dat quod non habet – unregistered surrender ineffective; re-grant by minister invalid if prior lease subsists. Res judicata – default judicial review judgment not a merits-based bar; identity of parties and merits required
Limitation – bars affirmative claims but does not preclude defendants relying on historical title defensively
Relief – interlocutory injunction vacated; court-directed survey to demarcate customary land boundaries
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Malawi
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30 December 2025 |
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Lesotho
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15 December 2025 |
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Lesotho
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11 December 2025 |
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Lesotho
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11 December 2025 |
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Lesotho
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11 December 2025 |
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Lesotho
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11 December 2025 |
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Lesotho
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10 December 2025 |
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Lesotho
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8 December 2025 |
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Lesotho
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6 December 2025 |
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Lesotho
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5 December 2025 |
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Lesotho
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3 December 2025 |
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Claimant proved agreement for Malawi Kwacha equivalent compensation referenced to US$25,000; quoting foreign currency as reference not illegal.
Contract — agreement to pay Malawi Kwacha equivalent of foreign currency — reference currency permissible; Civil procedure — burden and standard of proof on balance of probabilities; Evidence — adverse inference from failure to call material witnesses; Exchange control — quoting or indexing to foreign currency does not per se constitute illegality.
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Malawi
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26 November 2025 |
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Whether the applicant is entitled to continue an interlocutory injunction despite a one-day late filing and alleged non-disclosure and stamping issues.
Interlocutory injunctions – Order 10 Rule 27 (CPR 2017) – American Cyanamid principles – serious question to be tried; adequacy of damages; preservation of status quo – CPR Order 2 cure of irregularity – duty of full and frank disclosure for ex parte relief – equity and unclean hands – effect of unstamped agreements where party treats contract as operative.
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Malawi
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21 November 2025 |
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The applicant’s application to set aside a default judgment succeeded due to non-service and an arguable defence.
Civil procedure — Setting aside default judgment — Non-service of originating process — Delay in bringing application — Prospects of defence — Prejudice — Vacatur of interlocutory injunction.
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Malawi
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20 November 2025 |
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Lesotho
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11 November 2025 |
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Lesotho
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11 November 2025 |
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Section 100 petition confined to Commission‑decided complaints; one unsigned result sheet found but did not affect election, petition dismissed.
Election law – Section 100 appeal limited to matters decided by the Commission; scope of election petitions; irregularity defined as non‑compliance with the Act; presiding officer’s signature mandatory on result sheets; criminal electoral offences (handouts, unlawful campaigning) are for criminal process and require conviction before affecting election outcome; burden of proof on petitioner on balance of probabilities.
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Malawi
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11 November 2025 |
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Lesotho
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11 November 2025 |
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Labour law — Jurisdiction — Public officer — Transfer — Review — Whether High Court retains jurisdiction under section 119(1) of the Constitution after enactment of Labour Act, 2024 — Construction of sections 50(2)(j) and 51(1) of Labour Act, 2024 — Meaning of “any other labour law” — Whether Public Service Act 2005, Public Service Regulations 2008 and Basic Conditions of Employment for Public Officers 2011 fall within the scope of Labour Court’s exclusive review jurisdiction — Distinction between illegality and unfair labour practice — Effect of section 5(e) of the Labour Act on concurrent remedies
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Lesotho
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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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Lesotho
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7 November 2025 |
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Delict — Police assault — Quantum of damages — Appellate interference — Medical evidence — Global award — Special damages: strict proof, causation, and pleadings cap — Remoteness — Constitutional/dignitary harm — Interest a tempore morae
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Lesotho
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7 November 2025 |
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Constitutional and Administrative Law — Jurisdiction — Foreign States and International Organisations — Sovereign Immunity — Whether Courts of Lesotho have jurisdiction to make orders against foreign governments or international bodies — Distinction between jurisdiction over foreign entities and domestic authorities — Allegations of threats to personal liberty and safety — Duty of courts to safeguard constitutional rights within Lesotho’s territory notwithstanding foreign involvement
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Lesotho
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7 November 2025 |
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Criminal law — Murder — Sentence — Power of Court of Appeal to enhance sentence — Review of Court’s own order — Patent error — Suspension of sentence for murder — Section 314(2) of the Criminal Procedure and Evidence 2 Act 1981 — Duty of counsel to assist the court — Exceptional jurisdiction to correct error
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Lesotho
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7 November 2025 |
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Appeal — Interlocutory order — Urgency — High Court striking application off the roll for want of urgency — Whether such ruling final or interlocutory — Section 16(1)(b) of the Court of Appeal Act 1978 — Leave to appeal — Jurisdiction
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Lesotho
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7 November 2025 |
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Appeal — Failure to prosecute — Rule 5 of the Court of Appeal Rules 2006 — Record of proceedings not lodged within prescribed time — Effect of non-compliance — Appeal lapsing automatically — Jurisdiction of Court — Finality and procedural discipline
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Lesotho
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7 November 2025 |
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FLYNOTE Administrative Law — Judicial review — Diplomatic service — Irrational and unequal treatment — Failure to convert salaries of South African-based diplomats into United States dollars while doing so for other missions — Whether exclusion rational and legally defensible — Reviewability of executive policy — High Court’s failure to address substantive review grounds — Serious misdirection. Prescription — Government Proceedings and Contracts Act 1965, s 6 — Whether applicable to review proceedings — Requirement that prescription be specifically pleaded and proved — Onus on the party alleging it — Court may not raise prescription mero motu. Contract — Incorporation of terms — Requirement of notice and intention to be contractually binding — Exclusionary savingram not forming part of contracts of service — No evidence that appellants were aware of or consented to it
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Lesotho
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7 November 2025 |
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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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Lesotho
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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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Lesotho
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7 November 2025 |
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Constitutional and Administrative Law — Compensation for deprivation of property — Lesotho Highlands Water Project — Statutory obligation of Lesotho 2 Highlands Development Authority (LHDA) to compensate affected communities — Whether LHDA could rely on In-Stream Flow Requirement (IFR) Policy to deny payment — Failure to consult affected communities — Rule of law and administrative fairness — Duty arising ex lege, not ex consensu
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Lesotho
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7 November 2025 |
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Appeal — Punitive Costs — Misjoinder — Audi Alteram Partem — Judicial Discretion — Appellate Intervention
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Lesotho
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7 November 2025 |
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Administrative law – National Security Service – Lawful discharge – Principle against self-help – Collateral challenge – Jurisdiction of High Court – Rule of law and state security
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Lesotho
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7 November 2025 |
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Public Service — Diplomacy — Recall of Consul General — Absence of Exequatur — Whether renders appointment void — Legitimate expectation — Termination clause — Administrative fairness — Rationality — Government’s 2 omission — International and domestic law interface — Vienna Convention on Consular Relations (1963) — Articles 12, 22, and 36 — Contractual and administrative legality
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Lesotho
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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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Lesotho
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7 November 2025 |
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Criminal Law – Murder – Causation – Whether the chain of causation was broken – Role of medical versus eyewitness evidence – Extenuating circumstances – Sentence. Evidence – Evaluation of conflicting testimony – Preference of credible direct evidence over inconclusive expert opinion – Medical evidence not conclusive but advisory – Court entitled to rely on credible eyewitnesses where consistent with other evidence. Appellate Review – Limited interference with findings of fact – Appellate court slow to disturb trial court’s assessment of credibility unless findings are plainly wrong or vitiated by misdirection. Practice and Procedure – Substitution of lesser offence – Arson reduced to unlawful damage to property under section 198 of the Criminal Procedure and Evidence Act – No prejudice to accused where essential elements of the lesser offence are included in the greater. Sentence – Discretion of trial court – Appellate intervention only where sentence induces a sense of shock or is vitiated by misdirection – 25-year term for brutal, unprovoked killing of defenceless spouse not excessive
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Lesotho
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7 November 2025 |
