Lesotho Case Law

Mosele Dibakga V Matokelo Nchela & Ano.

Mosele Dibakga V Matokelo Nchela & Ano. [2025] LSCA 18 (2 May 2025)

Court

Court of Appeal

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.

Source excerpt

• Bona fide possessor
• Compensation for improvements
• Measure of enrichment
• Set-off of rental income
• Court discretion
• Condonation of late appeal

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Nchela v Dibakga (CIV/T 799 of 18)

Nchela v Dibakga (CIV/T 799 of 18) [2020] LSHC 41 (15 October 2020)

Court

High Court

Case number

CIV/T 799 of 18

A bona fide possessor was awarded compensation for improvements made to land, and rental income from the flats was not deducted from that compensation.

• Compensation for improvements
• Bona fide possessor
• Civil fruits
• Market value assessment
• Unjust-enrichment
• Property-law

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Kolisang v Mahase (C of A (CIV) 55 of 2019)

Kolisang v Mahase (C of A (CIV) 55 of 2019) [2020] LSCA 18 (29 May 2020)

Court

Court of Appeal

Case number

C of A (CIV) 55 of 2019

The Court of Appeal of Lesotho dismissed an appeal over a disputed land sale, holding the seller had no title and the mortgaged property could not validly be sold before redemption.

• Title to land
• Sale of mortgaged property
• Bona fide possessor
• Competing claims to land
• Nullity of transaction
• Land-law

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Kotsokoane v Molapo (LC/APN 13)

Kotsokoane v Molapo (LC/APN 13) [2020] LSHC 3 (9 March 2020)

Court

High Court

Case number

LC/APN 13

The court held that the respondents were bona fide possessors with an improvement lien, but their claim for a fixed compensation sum failed for lack of proof.

• Rei vindicatio
• Improvement lien
• Bona fide possessor
• Unjust enrichment
• Compensation for improvements
• Rei-vindicatio

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Makotoko and Another v Lesotho Development and Construction (Pty) Ltd (C of A (CIV) 57 of 2013)

Makotoko and Another v Lesotho Development and Construction (Pty) Ltd (C of A (CIV) 57 of 2013) [2014] LSCA 28 (24 October 2014)

Court

Court of Appeal

Case number

C of A (CIV) 57 of 2013

The respondent is a bona fide possessor entitled to compensation for improvements and a lien; rentals received from improvements do not reduce the compensation due.

Source excerpt

• Bona fide possessor
• Compensation for improvements
• Lien
• Deduction of rentals from compensation

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Joy To The World v Neo Malefane and Others (C of A (CIV) 16 of 13)

Joy To The World v Neo Malefane and Others (C of A (CIV) 16 of 13) [2013] LSCA 17 (18 October 2013)

Court

Court of Appeal

Case number

C of A (CIV) 16 of 13

The Court of Appeal of Lesotho held that the appellant had a right of retention for improvements made as a bona fide possessor, but the ejectment writ still had to be obeyed unless set aside.

• Ejectment
• Jus retentionis
• Bona fide possessor
• Res judicata
• Improvements to property
• Jus-retentionis

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