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Lesotho Case Law

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Civil procedure [2022] LSCA 64

Mafeteng Property Group (Pty) Ltd v Estate Late -ben Radiopelo Maphathe (C of A (CIV) 12/ 2021)

Mafeteng Property Group (Pty) Ltd v Estate Late -ben Radiopelo Maphathe (C of A (CIV) 12/ 2021) [2022] LSCA 64 (11 November 2022)

The Court of Appeal held that failure to comply with Rule 8(19) of the High Court Rules was fatal, set aside the High Court order, and struck the matter off the roll.

  • Non-compliance with court rules
  • Administration of deceased estates
  • Mandatory procedural requirements
  • Administration-of-estates
  • Civil-procedure
  • Court-rules-compliance
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Succession law [2022] LSHC 135

Mputsoe v Mothibeli (CIV/APN/119/2021)

Mputsoe v Mothibeli (CIV/APN/119/2021) [2022] LSHC 135 (13 September 2022)

The High Court held that a motor vehicle allegedly sold by the deceased without spousal consent remained estate property and ordered its release to the executor.

  • Administration of deceased estates
  • Alienation of matrimonial property
  • Executor's duties
  • Validity of sale of matrimonial property
  • Spousal consent
  • Deceased-estates
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Succession law [2008] LSCA 6

Mokete and Others v Mokete (born Makhobalo) and Others (C of A (CIV) 19 of 2007)

Mokete and Others v Mokete (born Makhobalo) and Others (C of A (CIV) 19 of 2007) [2008] LSCA 6 (11 April 2008)

The Court of Appeal set aside a High Court order about a deceased estate and sent the matter back because the Master was not joined and key facts were not properly ventilated.

  • Administration of deceased estates
  • Applicability of customary law vs common law
  • Validity of wills
  • Curatorship for minors
  • Joinder of necessary parties
  • Deceased-estates
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Family law [1994] LSCA 163

Jase and Another v Jase and Others (CIV/APN 284 of 94)

Jase and Another v Jase and Others (CIV/APN 284 of 94) [1994] LSCA 163 (27 October 1994)

The court held that the minor son was the heir to his late father’s estate and that the mother should control and administer the estate for him.

  • Guardianship of minor heirs
  • Administration of deceased estates
  • Conflict of laws (customary vs roman-dutch law)
  • Custody after divorce
  • Minor-heir-guardianship
  • Deceased-estate-administration
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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.