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Lesotho Case Law

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Land law [2015] LSHC 50

Kuleile v Mohloboli and Another (LC/APN 2014)

Kuleile v Mohloboli and Another (LC/APN 2014) [2015] LSHC 50 (9 December 2015)

The court upheld the applicant’s lease title to the disputed urban plot, rejected the respondent’s claim to title, and ordered ejectment-related relief, while recognizing a possible lien for necessary expenses.

  • Leaseholder rights
  • Certificate of title
  • Bona fide and mala fide occupation
  • Improvements on land
  • Rei vindicatio
  • Lien (ius retentionis)
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Land law [1994] LSCA 72

Mphana v Malefane (CIV/T 266 of 88)

Mphana v Malefane (CIV/T 266 of 88) [1994] LSCA 72 (31 March 1994)

The Defendant's certificate of title was invalid as the site had already been allocated and developed by Plaintiff's family, and no lawful revocation or hearing occurred before the purported reallocation to Defendant's father. The registration was a nullity as the Deeds Registry Act did not apply to the rural site. Plaintiff, as heiress, had locus standi to sue. Delay did not bar the claim as no prejudice was shown and Sotho customary law does not prescribe such rights.

  • Ejectment
  • Title to land
  • Certificate of title
  • Allocation of land
  • Customary succession
  • Deeds registry act
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Property law [1980] LSHC 37

Mokhethi v Makhetka and Another (CIV/T 170 of 77)

Mokhethi v Makhetka and Another (CIV/T 170 of 77) [1980] LSHC 37 (9 June 1980)

The High Court of Lesotho dismissed a challenge to title over a Mafeteng site, finding the first defendant had prior registration and no fraud was proved.

  • Land allocation
  • Certificate of title
  • Improvements to land
  • Damages
  • Administrative error
  • Property-law
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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.