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Lesotho Case Law

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Family law [2025] LSHC 34

Pusetso Moleko V Ministry of Social Development & Ano. (CIV/ADP/0015/2024)

Pusetso Moleko V Ministry of Social Development & Ano. (CIV/ADP/0015/2024) [2025] LSHC 34 (18 March 2025)

The High Court of Lesotho dismissed an adoption application, holding the applicant lacked locus standi and the parents’ reasons for relinquishing the child were insufficient.

  • Adoption
  • Parental responsibility
  • Locus standi
  • Child maintenance
  • Locus-standi
  • Parental-responsibility
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Family law [2013] LSHC 23

Maseepheephe Mahao v Judicial Commissioner and Others (CIV/APN 462 of 2007)

Maseepheephe Mahao v Judicial Commissioner and Others (CIV/APN 462 of 2007) [2013] LSHC 23 (20 May 2013)

High Court appeal on adoption, inheritance, and jurisdiction. The court held that the legal effect of an alleged South African adoption had to be proved in a competent court.

  • Adoption
  • Inheritance
  • Jurisdiction
  • Foreign law proof
  • Conflict-of-laws
  • Foreign-law-proof
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Succession [2013] LSHC 88

Mahao v Judicial Commissioner (CIV/APN 462 of 7)

Mahao v Judicial Commissioner (CIV/APN 462 of 7) [2013] LSHC 88 (20 May 2013)

The High Court held that the Local Court lacked jurisdiction to determine the effect of a South African adoption and surname change on inheritance rights.

  • Adoption
  • Jurisdiction
  • Foreign law
  • Inheritance
  • Change of surname
  • Foreign-law
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Family law [1998] LSCA 63

Kendall v Mofana and Others (CIV/APN 249 of 98)

Kendall v Mofana and Others (CIV/APN 249 of 98) [1998] LSCA 63 (23 June 1998)

With the nullification of section 14, the applicant has capacity to adopt the two Basotho girls. The best interests of the children, including stable parenthood, good education, and a favourable environment, are best served by granting the adoption to the applicant, who has demonstrated suitability and adequate means.

  • Adoption
  • Child welfare
  • Constitutionality of statutes
  • Discrimination
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Constitutional law [1998] LSCA 59

Hlaoli v Hlaoli (NA No.)

Hlaoli v Hlaoli (NA No.) [1998] LSCA 59 (17 June 1998)

Section 14 of the Adoption of Children Proclamation No.62 of 1952 is unconstitutional as it is discriminatory on the basis of race and colour, contrary to section 18 of the Constitution of Lesotho, and is therefore void.

  • Adoption
  • Discrimination
  • Customary law
  • Supremacy of constitution
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Succession law [1996] LSHC 116

Moeno v Moeno and Others (CIV/APN 365 of 96)

Moeno v Moeno and Others (CIV/APN 365 of 96) [1996] LSHC 116 (3 December 1996)

The High Court of Lesotho held that the applicant was the deceased’s rightful heir and entitled to bury her, rejecting claims of adoption by the respondents.

  • Heirship
  • Burial rights
  • Adoption under customary law
  • Illegitimacy and inheritance
  • Succession-law
  • Burial-rights
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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.