Letzadzo Kometsi (National University of Lesotho)
Lesotho Law Journal 26 (1), 231-243, 2018
This paper is an analysis of the decision of the court of appeal in the above mentioned case. The decision is important not only as precedent but also for the value that it adds to the jurisprudence of the Kingdom. Not to mention that in most cases, in developing these precedents, court rely heavily on South Africa authorities. The extent to which the South African authorities influence the development of law in Lesotho is however, disproportionate. For the most part, courts in Lesotho appear to be too ready to accept as precedent all South African authorities in some cases even without thorough analysis or indeed check as to the availability of precedent in each given aspect. In the present case court was quick to identify and correct that anomaly. The principle in issue is that of loss of opportunity as arises from a contract. In addressing this issue the court defined its point of departure as the distinction between statutory arbitrations and private arbitrations. In the final analysis the court held that courts are slow to set aside awards in private arbitrations.
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