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Lesotho Case Law

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Civil procedure [2025] LSCA 66

Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025)

Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025) [2025] LSCA 66 (7 November 2025)

The Court of Appeal upheld an urgent order placing a disputed vehicle in police custody pending appeal, holding that ABSA showed prima facie ownership and risk of dissipation.

  • Urgent applications
  • Interim custody of disputed property
  • Ownership and possession
  • Rei vindicatio
  • Spoliation
  • Suspension of execution pending appeal
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Civil procedure [2025] LSHC 240

Seipati Ramone V Standard Lesotho Bank & 4 Others (CCT/0517/2024)

Seipati Ramone V Standard Lesotho Bank & 4 Others (CCT/0517/2024) [2025] LSHC 240 (11 September 2025)

The court found that there was no error in making the deed of settlement an order of court, as the applicant had agreed to its terms, including the right of the 1st respondent to execute upon default. The applicant defaulted on the agreed payments, entitling the 1st respondent to execute. The application for rescission was therefore dismissed.

  • Rescission of judgment
  • Mortgage enforcement
  • Settlement agreements
  • Execution of judgments
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Civil procedure [2025] LSCA 21

Nyefolo Alotsi & Ano V Lesotho National Development Corporation & Ano. (C of A (CIV) 53/2024)

Nyefolo Alotsi & Ano V Lesotho National Development Corporation & Ano. (C of A (CIV) 53/2024) [2025] LSCA 21 (2 May 2025)

Court of Appeal dismissed leave to appeal in a spoliation matter, holding the deregistered company lacked standing and the standing issue was not properly appealed.

  • Spoliation
  • Locus standi
  • Jurisdiction
  • Deregistration of companies
  • Locus-standi
  • Deregistration-of-companies
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Property law [2025] LSHC 87

Thabiso Tsehla & Ano. V Rethabile Jonathan (CCT/0568/2021)

Thabiso Tsehla & Ano. V Rethabile Jonathan (CCT/0568/2021) [2025] LSHC 87 (10 April 2025)

The High Court of Lesotho held that a land sale by one spouse was enforceable despite lack of the other spouse’s consent, and ordered transfer of the site.

  • Alienation of joint estate property
  • Spousal consent
  • Specific performance
  • Validity of contract without spousal consent
  • Adjustment upon division of joint estate
  • Spousal-consent
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Family law [2024] LSHC 74

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)

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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Administrative law [2024] LSCA 40

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)

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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Property law [2024] LSHC 22

Malefetsane Tlali V Retselisitsoe Phoofolo & 2 Others (LC/A/17/2019)

Malefetsane Tlali V Retselisitsoe Phoofolo & 2 Others (LC/A/17/2019) [2024] LSHC 22 (30 October 2024)

Regulations 43 and 44 of Land Regulations, 2011 do not apply to claims for compensation arising from expropriation, as expropriation extinguishes title and only compensation rights accrue; the court a quo erred by focusing on inheritance compliance instead of entitlement to compensation.

  • Expropriation
  • Compensation
  • Inheritance
  • Land rights
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Property law [2024] LSHC 105

NKhetheleng Mohale & Ano. V 'Masenate Letsie & 6 Others (LC/APN/61/2014)

NKhetheleng Mohale & Ano. V 'Masenate Letsie & 6 Others (LC/APN/61/2014) [2024] LSHC 105 (18 June 2024)

The court declared the applicants lawful owners of the plot, found the competing transfer invalid, ordered cancellation of the lease, and directed a lease to the applicants.

  • Title to land
  • Cancellation of lease
  • Rei vindicatio
  • Transfer of immovable property
  • Land-law
  • Property-law
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Property law [2024] LSHC 163

Makhomo Thetsane V Moeketsi Thetsane & Ano. (LC/APN/0011/2022)

Makhomo Thetsane V Moeketsi Thetsane & Ano. (LC/APN/0011/2022) [2024] LSHC 163 (22 March 2024)

The 1st respondent failed to prove the existence and terms of a valid sale agreement or payment of consideration. The applicant did not intend to transfer ownership to the 1st respondent, and any signatures were either forged or obtained by misrepresentation. Therefore, the transfer was null and void and ownership did not pass despite registration.

  • Fraudulent transfer of land
  • Cancellation of deed of transfer
  • Abstract theory of transfer of ownership
  • Requirements of real agreement
  • Intention to transfer ownership
  • Burden of proof in civil cases
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Civil procedure [2023] LSHC 248

Chaka V Ramathebane (CCA/0109/2023)

Chaka V Ramathebane (CCA/0109/2023) [2023] LSHC 248 (19 December 2023)

The High Court had jurisdiction as the value of the tractor exceeded the subordinate court's monetary ceiling. The applicant was in peaceful and undisturbed possession and was wrongfully dispossessed by the 1st respondent, whose version was rejected as implausible. The applicant was entitled to restoration of possession.

  • Mandament van spolie
  • Jurisdiction
  • Possessory remedies
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.