|
Title
|
Jurisdiction |
Date
|
|
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Lesotho
|
5 March 2026 |
|
|
Lesotho
|
10 February 2026 |
|
|
Lesotho
|
5 February 2026 |
|
|
Lesotho
|
3 February 2026 |
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|
Lesotho
|
3 February 2026 |
|
|
Lesotho
|
8 January 2026 |
|
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.
|
Malawi
|
30 December 2025 |
|
|
Lesotho
|
15 December 2025 |
|
|
Lesotho
|
11 December 2025 |
|
|
Lesotho
|
11 December 2025 |
|
|
Lesotho
|
11 December 2025 |
|
|
Lesotho
|
11 December 2025 |
|
|
Lesotho
|
6 December 2025 |
|
|
Lesotho
|
5 December 2025 |
|
|
Lesotho
|
3 December 2025 |
|
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.
|
Malawi
|
26 November 2025 |
|
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.
|
Malawi
|
21 November 2025 |
|
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.
|
Malawi
|
20 November 2025 |
|
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.
|
Malawi
|
11 November 2025 |
|
|
Lesotho
|
11 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
Appeal — Punitive Costs — Misjoinder — Audi Alteram Partem — Judicial Discretion — Appellate Intervention
|
Lesotho
|
7 November 2025 |
|
Administrative law – National Security Service – Lawful discharge – Principle against self-help – Collateral challenge – Jurisdiction of High Court – Rule of law and state security
|
Lesotho
|
7 November 2025 |
|
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
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
Family law – Custody of children – Best interests of the child – Paramountcy principle – Litigation delays and procedural irregularities – Appeal struck off by consent owing to defective and confused record – Duty of practitioners to conduct custody litigation with diligence and clarity. Procedure – Appeals – Leave to appeal – Defective and incomplete record – Confusion as to judgment appealed against – Grounds of appeal unrelated to impugned order – Effect of sloppy litigation on administration of justice. Practice and conduct – Role of lawyers and adjudicators – The best interests of the child as a guiding principle – Paramountcy of children’s welfare does not excuse procedural negligence – Importance of disciplined, responsible and coherent advocacy in family disputes
|
Lesotho
|
7 November 2025 |
|
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
|
Lesotho
|
7 November 2025 |
|
Administrative Law — Public Service — Study leave as prerequisite for state sponsorship — Loan Bursary Agreement — Withdrawal from study leave — Whether withdrawal from study leave automatically terminates bursary agreement — Whether NMDS obliged to continue sponsorship notwithstanding return to duty — Good cause for revocation
|
Lesotho
|
7 November 2025 |
|
Constitutional Law – Jurisdiction of the High Court – Enforcement of fundamental rights under section 19 of the Constitution – Proper procedure under section 22 of the Constitution and the Constitutional Litigation Rules – 2 Distinction between ordinary and constitutional jurisdiction – Application brought as an ordinary civil claim instead of under section 22 – Non-compliance with constitutional procedure rendering proceedings a nullity – Matter to commence de novo before the High Court exercising its constitutional jurisdiction – Principle against bifurcation of proceedings reaffirmed
|
Lesotho
|
7 November 2025 |
|
Land Law – Allocation of land – Validity of Form C – Applicable legislation – Whether land allocated under the Land Act 1973 or the Land Act 1979 – Determination governed by the date of allocation and issuance of Form C – Principal Chief’s authority under section 4(2) of the Land Act 1973 – Commencement of the Land Act 1979 on 16 June 1980 – Absence of proof that appellant unlawfully allocated land to himself – High Court misdirected itself by treating Form C as issued under wrong statute – Appeal upheld; Form C validly issued under the 1973 Act
|
Lesotho
|
7 November 2025 |
|
Condonation – Delay in instituting review proceedings – Reasonableness of delay – Explanation – Prospects of success – Res judicata – Punitive costs
|
Lesotho
|
7 November 2025 |
|
Constitutional Law — Locus Standi — Direct and Personal Interest — Section 22(1) of the Constitution of Lesotho
|
Lesotho
|
7 November 2025 |
|
Constitutional Law — Open Justice — Bail Proceedings Conducted in Chambers — Whether Proceedings in Chambers Render Bail Order a Nullity — Exceptional Circumstances Justifying Departure from Open Court Requirement — None Shown — Principle of Transparency and Public Confidence in Criminal Justice — Victims’ Right to Information — Review Jurisdiction of Court of Appeal
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Lesotho
|
7 November 2025 |
|
Administrative Law — Legitimate Expectation — Job Evaluation and Grading — Public Service Commission’s Decision to Grade Judicial Officers — Whether Central and Local Court Presidents had Legitimate Expectation to be Placed at Grades I and H Respectively — Unsigned Answering Affidavit — Effect — Jurisdiction of High Court
|
Lesotho
|
7 November 2025 |
|
|
Lesotho
|
6 November 2025 |
|
|
Lesotho
|
6 November 2025 |
|
Leave to appeal denied: no reasonable prospects or compelling reasons; contractor’s payment‑complaint and termination arguments fail.
Civil procedure – leave to appeal – section 17(1)(a) Superior Courts Act – test: reasonable prospects of success or compelling reasons. Construction law – JBCC contract – employer’s alleged late/non‑payment; reciprocity and enforcement of penalty clauses; termination and repudiation. Judicial duty of consideration – application of Vodacom v Makate; holistic assessment of reasons.
|
South Africa
· Northern Cape
|
31 October 2025 |
|
High Court set aside committal for extradition due to procedural unfairness, evidentiary defects, improper authentication, and safety concerns for applicants.
Extradition — procedural fairness — right to be heard; adequacy of judicial reasons; authentication of extradition documents; hearsay and admissibility; linkage between ATP, warrants and charges; specialty and statutory compliance; consideration of safety, delay and bad faith.
|
Malawi
|
31 October 2025 |
|
A raped minor’s denial of abortion breached reproductive rights; law and guidelines require considering mental-health grounds for termination.
Gender Equality Act – right to sexual and reproductive health; Penal Code s243 – preservation of life includes mental health; vicarious liability of employer; duty to impart information; Minister’s duty to provide clear clinical guidance; Human Rights Commission enforcement obligations; access to lawful abortion for minors impregnated by sexual violence.
|
Malawi
|
28 October 2025 |
