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Lesotho decisions
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Reli Khobotle V Qacha's Nek Urban Council (C of A (CIV) 52/2025) [2025] LSCA 73 (7 November 2025)
The Court of Appeal held that a Form C issued on 1 June 1979 was governed by the Land Act 1973, not the 1979 Act, and reinstated the dismissal of the claim.
Lebohang Sethathi V Morapeli Borotho & 4 Others (C of A (CIV) No 26/2023 C of A (CIV/REV) No 1/2025) [2025] LSCA 46 (15 October 2025)
The applicant failed to demonstrate exceptional circumstances such as a patent error or gross injustice in the prior judgment, and advanced a new cause of action not pleaded in the lower courts. The application was unmeritorious and the conduct of counsel warranted costs de bonis propriis on attorney-and-client scale.
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Tebello Khoromeng V Lesotho National Development Corporation & Ano. (C of A (CIV) 04/2025) [2025] LSCA 4 (8 May 2025)
The Court of Appeal held that section 62 of the Land Act 1979 did not give the respondent vindicatory rights, but the appellant remained a bona fide possessor entitled to retention and compensation.
Mosele Dibakga V Matokelo Nchela & Ano. [2025] LSCA 18 (2 May 2025)
The High Court erred in awarding compensation based on unproven market value elements (electricity, water, fencing) and not limiting the award to proven construction costs; the correct measure is the lesser of actual expenses incurred or the owner's enrichment, and the possessor bears the onus of proof. Rental income earned by the bona fide possessor is not to be set off against compensation for improvements. Condonation for late appeal is granted due to satisfactory explanation and prospects of success on one ground.
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Mabakoena Lekhooa V Paseka Lekhooa & 3 Others (C of A (CIV) 21/2024) [2025] LSCA 13 (2 May 2025)
The Court of Appeal dismissed a challenge to a registered lease, holding that fraud was not proved and that a family donation and improvements supported the respondents’ position.
Maipato Mahoholi V Kopotso Mahoholi & 4 Others (C of A (CIV) 75/2023) [2025] LSCA 32 (2 May 2025)
The Court of Appeal held that a prior perfected customary donation and regularised lease prevailed over a belated heirship claim, and dismissed the appeal.
Kelebone Selemo V Khethisa Molapo & 4 Others (C of A (CIV) 38/2023) [2025] LSCA 17 (2 May 2025)
The appellant failed to comply with the mandatory requirement to file an answer within 14 days under Rule 18(2) of the District Land Court Rules, did not provide a reasonable explanation for his default, and did not disclose a bona fide defence. The requirements for rescission were not met, and the appeal was dismissed.
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Tentenkie Mohapeloa & 2 Others V Makibinyane Mohapeloa (C of A (CIV) 69/2024) [2025] LSCA 29 (2 May 2025)
The Court of Appeal held that a family dispute over land proceeds was not a Land Court matter because the claim sounded in contract or personal obligation.
African Methodist Episcopal CHurch Lesotho V Bohlokoa Tenei & 2 Others (LC/APN/0024/2024) [2025] LSHC 54 (7 March 2025)
Given the unique circumstances where the determination of the case is holding up a significant development project, and the history of repeated delays in the lower court, the interests of justice require expeditious resolution. The application for removal is granted, but the court emphasizes that congested rolls alone are not sufficient grounds for transfer; there must be a proper factual basis justifying removal.
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Mary Leteng Likhabiso Tau V Morongoe Sootho (LC/APN/0021/2024) [2025] LSHC 68 (21 February 2025)
The Court assumed jurisdiction despite the applicant's failure to apply for leave, as no prejudice to respondents was shown and further delay and costs would be unjustified.
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