Lesotho Case Law

Joel Mathealira V Pontso Mathealira & 2 Others (C of A (CIV) No.31/2025)

Joel Mathealira V Pontso Mathealira & 2 Others (C of A (CIV) No.31/2025) [2025] LSCA 58 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV) No.31/2025

Section 10(4) of the Chieftainship Act 1968 (as amended) entitles the widow of a deceased heir-apparent, who would have succeeded but for his death and who left no male issue, to succeed to the chieftaincy in her own right. Collateral succession by a younger brother arises only after the widow's entitlement is exhausted by death or disqualification. The recognition of the first respondent was lawful and consistent with statute, custom, and constitutional protection of the chieftaincy.

Source excerpt

• Chieftainship succession
• Primogeniture
• Legitimacy
• Widow succession
• Customary law and statute
• Constitutional protection of chieftaincy

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Thabiso Mosao V Mabohlale Makakole (Nee Mosa Mosao) & 3 Others (C of A (CIV) 09/2025)

Thabiso Mosao V Mabohlale Makakole (Nee Mosa Mosao) & 3 Others (C of A (CIV) 09/2025) [2025] LSCA 9 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 09/2025

The Court of Appeal held that a claim to customary heirship is a status question within the High Court’s jurisdiction and need not first go to family arbitration.

• Customary heirship
• Jurisdiction
• Family arbitration
• Status versus property disputes
• Customary-law
• Succession

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Maipato Mahoholi V Kopotso Mahoholi & 4 Others (C of A (CIV) 75/2023)

Maipato Mahoholi V Kopotso Mahoholi & 4 Others (C of A (CIV) 75/2023) [2025] LSCA 32 (2 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 75/2023

The Court of Appeal held that a prior perfected customary donation and regularised lease prevailed over a belated heirship claim, and dismissed the appeal.

• Donation under customary law
• Heirship
• Systematic adjudication
• Bona fide purchasers
• Procedural defects in appeal
• Customary-law

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Mako Mohale v Minister of Law and Constitutional Affairs (C OF A (CIV) 14/2023)

Mako Mohale v Minister of Law and Constitutional Affairs (C OF A (CIV) 14/2023) [2024] LSCA 8 (3 May 2024)

Court

Court of Appeal

Case number

C OF A (CIV) 14/2023

The applicants failed to provide a satisfactory explanation for the 14-year delay in seeking review of the 2009 appellate judgment. No reasonable efforts were made to reconstruct the record, and there was no evidence of limiting social factors preventing earlier action. The delay is inordinate and inexcusable, and the interests of finality in litigation and the integrity of the administration of justice outweigh the applicants' claims. Condonation is refused and the application is dismissed with costs.

Source excerpt

• Condonation for delay
• Review of appellate judgment
• Legitimacy under customary law
• Putative marriage
• Chieftainship succession
• Res judicata

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Thabiso Mosao V Mabohlale Makakole & 3 Others (CIV/T/570/2023)

Thabiso Mosao V Mabohlale Makakole & 3 Others (CIV/T/570/2023) [2023] LSHC 26 (12 December 2023)

Court

High Court

Case number

CIV/T/570/2023

The court lacks jurisdiction to entertain the plaintiff's claim for a declarator as customary heir because the procedure under section 14(4) of the Laws of Lerotholi, requiring family council arbitration, was not exhausted. The special plea of jurisdiction is upheld and the matter is dismissed for being prematurely before the court.

Source excerpt

• Heirship dispute
• Jurisdiction
• Family council arbitration
• Declaratory orders

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Motloheloa Kibinye V 'Malefa Lekaka (CIV/APN/0232/2022)

Motloheloa Kibinye V 'Malefa Lekaka (CIV/APN/0232/2022) [2023] LSHC 83 (25 April 2023)

Court

High Court

Case number

CIV/APN/0232/2022

The High Court of Lesotho held that the respondent’s alleged seantlo marriage was invalid and declared her marriage to the deceased void ab initio.

• Validity of customary marriage
• Seantlo marriage
• Intestate succession
• Putative marriage
• Civil marriage during subsistence of customary marriage
• Customary-marriage

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Lets'olo v Lets'olo (C of A (CIV) 23/2022)

Lets'olo v Lets'olo (C of A (CIV) 23/2022) [2022] LSCA 54 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 23/2022

The absence of bohali does not invalidate a customary marriage or render children illegitimate. The Local Court's decision was flawed and not binding on the appellant, who was not a party to those proceedings. The first respondent is entitled to be declared heiress only to the Koalabata residence, while the Likalaneng property belongs to the house of ‘Mampolokeng Letšolo, and the appellant is not excluded from heirship.

Source excerpt

• Heirship
• Inheritance
• Legitimacy of children
• Customary marriage
• Annulment
• Joint property

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Mathealira v Mathealira (C of A No. 42/2021)

Mathealira v Mathealira (C of A No. 42/2021) [2022] LSCA 10 (13 May 2022)

Court

Court of Appeal

Case number

C of A No. 42/2021

The Court of Appeal held that a Magistrate’s Court could not review and set aside a gazetted royal appointment of a Principal Chief. The appeal was dismissed with costs.

• Jurisdiction of magistrate's court
• Chieftainship succession
• Review of administrative decisions
• Chieftainship-succession
• Magistrates-court-jurisdiction
• Judicial-review

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Masupha v Masupha (C of A No.20/2021)

Masupha v Masupha (C of A No.20/2021) [2022] LSCA 8 (13 May 2022)

Court

Court of Appeal

Case number

C of A No.20/2021

The High Court failed to judiciously exercise its discretion by not interrogating the explanation for delay and prospects of success before refusing condonation. The Minister, not the King, is the effective decision maker, and there was no need to join the King. The appellant made out a case for condonation and the matter should be remitted for hearing de novo.

Source excerpt

• Condonation
• Joinder of parties
• Chieftainship succession
• Review of administrative action

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Mahase v Khoabane (CIV/A/14/15 CC No. 110/07 & CC No.56/08)

Mahase v Khoabane (CIV/A/14/15 CC No. 110/07 & CC No.56/08) [2022] LSHC 75 (22 March 2022)

Court

High Court

Case number

CIV/A/14/15 CC No. 110/07 & CC No.56/08

The respondent’s father was properly nominated as heir to the disputed properties in 1995 according to family resolutions and customary law. The appellant, being married into another family and not divorced, was disqualified from inheriting her parents’ property under customary law. The Form Cs issued were invalid but did not affect the respondent’s inheritance, as his nomination as heir was established. The appellant failed to prove her claim for damages.

Source excerpt

• Inheritance of immovable property
• Customary law of succession
• Validity of land allocation certificates
• Married women's inheritance rights
• Ngala custom

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