Lesotho Case Law

Mamphuto Jessie V Executrix Estate Mohapi Jessie & 2 Others (C of A (CIV/REV) No 02/2025)

Mamphuto Jessie V Executrix Estate Mohapi Jessie & 2 Others (C of A (CIV/REV) No 02/2025) [2025] LSCA 47 (7 November 2025)

Court

Court of Appeal

Case number

C of A (CIV/REV) No 02/2025

The Court of Appeal dismissed a review of its own earlier judgment, holding that review is exceptional and cannot be used to reopen issues not previously decided.

• Review of judgments
• Freedom of testation
• Trust inter vivos vs mortis causa
• Finality of litigation
• Costs in estate
• Review-of-judgments

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Executrix of the Estate of the Late Mohapi Jessie (Lebohang Nts'inyi V Mphuto Jessie & 4 Others (C of A (CIV) 67/2024)

Executrix of the Estate of the Late Mohapi Jessie (Lebohang Nts'inyi V Mphuto Jessie & 4 Others (C of A (CIV) 67/2024) [2025] LSCA 27 (8 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 67/2024

The Court of Appeal held that the will could validly create a testamentary trust, the children were ascertainable beneficiaries, and the challenge was premature.

• Testamentary trusts
• Validity of will
• Divorce consent orders
• Appointment of executor
• Intestate succession
• Testamentary-trusts

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Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024)

Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024) [2024] LSHC 20 (26 November 2024)

Court

High Court

Case number

CIV/APN/0192/2024

The High Court lacks jurisdiction to hear the matter before the applicants have exhausted the procedures and remedies set out in Regulations 43 and 44 of the Land Regulations 2011. The applicants must await the allocating authority's determination of their objection before approaching the court.

Source excerpt

• Inheritance of land
• Jurisdiction
• Exhaustion of administrative remedies
• Family council decisions
• Review of administrative action

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Libuseng Seokho V Sepinare Seokho & 7 Others (CIV/APN/0311/2023)

Libuseng Seokho V Sepinare Seokho & 7 Others (CIV/APN/0311/2023) [2024] LSHC 74 (14 November 2024)

Court

High Court

Case number

CIV/APN/0311/2023

The High Court of Lesotho held that a deceased spouse could not unilaterally dispose of joint-estate property by will without the other spouse’s consent.

• Community of property
• Wills and testaments
• Intestate succession
• Spousal rights
• Administration of estates
• Community-of-property

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Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023)

Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023) [2024] LSCA 40 (1 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 83/2023

The Court of Appeal dismissed an appeal against dismissal of a review challenging a lease registered in the respondent’s name, finding no proof that an adverse claim was pending.

• Review of administrative action
• Intestate succession
• Customary law
• Land registration
• Procedural impropriety
• Administrative-review

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Liteboho Ramakhula & Ano. V The Chairperson-Mafeteng Urban Council & & Others (C of A (CIV) No 08/2024)

Liteboho Ramakhula & Ano. V The Chairperson-Mafeteng Urban Council & & Others (C of A (CIV) No 08/2024) [2024] LSCA 14 (1 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 08/2024

The High Court erred in declining jurisdiction and refusing mandamus; once the threshold requirements under Regulation 44 are met, the allocating authority must process the nomination and objections, and the issue of heirship is to be determined through that process, not as a precondition.

Source excerpt

• Mandamus
• Jurisdiction
• Heirship
• Land allocation
• Customary succession

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Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024)

Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024) [2024] LSHC 166 (17 September 2024)

Court

High Court

Case number

CIV/APN/0080/2024

The High Court of Lesotho held that a will contravening a divorce decree was invalid and declared the deceased intestate, setting aside the executrix’s appointment.

• Validity of will
• Divorce decree enforcement
• Testamentary freedom
• Trust law
• Estate administration
• Wills-and-testamentary-trusts

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Liteboho Ramakhula V The Chairperson-Mafeteng Urban Council (CIV/APN/344/2020)

Liteboho Ramakhula V The Chairperson-Mafeteng Urban Council (CIV/APN/344/2020) [2024] LSHC 4 (19 January 2024)

Court

High Court

Case number

CIV/APN/344/2020

Mandamus is not an appropriate remedy because the core dispute is over heirship and succession to the estate, not merely land allocation. The High Court must first determine the rightful heir before the land allocation procedures under Regulation 44 can be invoked. The application for mandamus is therefore dismissed.

Source excerpt

• Mandamus
• Heirship
• Succession to estate
• Jurisdiction
• Land allocation

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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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Mamphaphathi Katiso & Anor v Nts'ebo Katiso & 5 Ors (C OF A (CIV) 24/2023)

Mamphaphathi Katiso & Anor v Nts'ebo Katiso & 5 Ors (C OF A (CIV) 24/2023) [2023] LSCA 2 (17 November 2023)

Court

Court of Appeal

Case number

C OF A (CIV) 24/2023

The High Court has the competence to grant condonation for late reporting of a death under its inherent jurisdiction, and did not err in refusing to award costs against the applicants in a family dispute over a deceased estate.

Source excerpt

• Condonation for late reporting of death
• Jurisdiction of high court
• Administration of estates
• Costs in family disputes

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