Lijane v Rasetsoto (LC/APN/32/2014) [2022] LSHC 86 (16 August 2022)

Lijane v Rasetsoto (LC/APN/32/2014) [2022] LSHC 86 (16 August 2022)

The applicant is entitled to ownership of the estate as it was bequeathed to his late wife, and the respondent’s lease was fraudulently obtained through non-disclosure of material facts and prior adverse judgments. The respondent’s failure to challenge the will or marriage in a competent court and his lack of candour disqualify his claim.

Citation
[2022] LSHC 86
Parties
Applicant: Rets’elisitsoe Lijane; Respondent: Ramarane Rasetsoto
Court
High Court
Jurisdiction
Lesotho
Judgment Date
16 August 2022
Case Number
LC/APN/32/2014
Procedural Posture
Land Dispute / Judgment
Outcome
Application granted
Legal Topics
Bequeathal of Property, Fraudulent Acquisition of Lease, Inheritance Rights, Non Disclosure of Material Facts
Source Language
English
Land Law Succession Law Bequeathal of Property Fraudulent Acquisition of Lease Inheritance Rights Non Disclosure of Material Facts

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Parties

Rets’elisitsoe Lijane

Applicant

Ramarane Rasetsoto

Respondent

Procedural Posture

Land Dispute / Judgment

Legal Issues

  1. 1 Whether the applicant is the rightful owner of the disputed estate
  2. 2 Whether the respondent fraudulently obtained a lease over the estate
  3. 3 Effect of non-disclosure of previous court decisions on the lease process

Ratio Decidendi

The applicant is entitled to ownership of the estate as it was bequeathed to his late wife, and the respondent’s lease was fraudulently obtained through non-disclosure of material facts and prior adverse judgments. The respondent’s failure to challenge the will or marriage in a competent court and his lack of candour disqualify his claim.

Court Disposition

Application granted

Orders

  • Applicant declared rightful owner of the site in question
  • Lease number 13291-1758 issued to Ramarane Rasetsoto cancelled