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Lesotho Case Law

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Family law [2025] LSCA 64

Mamorero Mpobole V Tahleho Mpobole & 5 Others (C of A (CIV) No.40/2025)

Mamorero Mpobole V Tahleho Mpobole & 5 Others (C of A (CIV) No.40/2025) [2025] LSCA 64 (7 November 2025)

Court of Appeal of Lesotho struck off a custody appeal by consent, citing a defective record, confused grounds of appeal, and persistent procedural sloppiness.

  • Child custody
  • Best interests of the child
  • Procedural irregularities
  • Appeals
  • Role of lawyers
  • Child-custody
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Civil procedure [2024] LSCA 7

Litlhare Nkhati v Teboho Lets'ela (C OF A (CIV) 12/2024)

Litlhare Nkhati v Teboho Lets'ela (C OF A (CIV) 12/2024) [2024] LSCA 7 (3 May 2024)

The order appealed from was interlocutory and no leave to appeal was granted; therefore, the Court of Appeal lacks jurisdiction to entertain the appeal.

  • Interlocutory orders
  • Leave to appeal
  • Jurisdiction
  • Child custody
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Family law [2022] LSCA 35

Mafaufau v Mafaufau (C of A (CIV) 03/2022)

Mafaufau v Mafaufau (C of A (CIV) 03/2022) [2022] LSCA 35 (11 November 2022)

The Court of Appeal granted condonation, upheld the custody appeal, set aside the High Court order, and remitted the matter for proper enquiry into the child’s best interests.

  • Child custody
  • Best interests of the child
  • Condonation
  • Access to education
  • Child-custody
  • Best-interests-of-the-child
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Family law [2014] LSCA 9

Tlhoriso Makenete v Mookho Motanya (C of A (CIV) 53 of 13)

Tlhoriso Makenete v Mookho Motanya (C of A (CIV) 53 of 13) [2014] LSCA 9 (17 April 2014)

Court of Appeal held that the child-custody order could not stand because the trial court failed to investigate all welfare factors and remitted the matter.

  • Child custody
  • Best interests of the child
  • Guardianship
  • Inheritance
  • Interim custody arrangements
  • Child-custody
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Family law [2011] LSCA 17

Matlanyane v Matlanyane (C of A (CIV) 18 of 10)

Matlanyane v Matlanyane (C of A (CIV) 18 of 10) [2011] LSCA 17 (20 April 2011)

The Court of Appeal of Lesotho dismissed a mother’s appeal over custody, holding that the child’s present best interests were served by remaining with her father.

  • Child custody
  • Divorce
  • Best interests of the child
  • Child-custody
  • Best-interests-of-the-child
  • Family-law
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Family law [2011] LSCA 15

Makatse v Makatse (C of A (CIV) 19 of 10)

Makatse v Makatse (C of A (CIV) 19 of 10) [2011] LSCA 15 (20 April 2011)

The best interests of the child require that she remain in her current stable and happy environment with the respondent and his family, as the risks of removing her to a foreign country outweigh the benefits. There is no basis for interfering with the trial court's decision awarding custody to the respondent.

  • Child custody
  • Best interests of the child
  • Variation of custody
  • Maintenance
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Family law [2011] LSHC 138

Lesala v Morojele (CIV/APN 95 of 2011)

Lesala v Morojele (CIV/APN 95 of 2011) [2011] LSHC 138 (20 April 2011)

The High Court of Lesotho dismissed a father's application for extensive access to his child born out of wedlock, holding he showed no compelling best-interests basis.

  • Child custody
  • Access rights
  • Maintenance
  • Parental rights
  • Family-law
  • Child-custody
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Family law [1997] LSHC 17

Moletsane v Moletsane (CIV/APN 475 of 96)

Moletsane v Moletsane (CIV/APN 475 of 96) [1997] LSHC 17 (11 February 1997)

High Court of Lesotho dismissed a child-custody application for defective affidavits, material non-disclosure, lack of locus standi, and jurisdictional concerns.

  • Child custody
  • Locus standi
  • Non-disclosure
  • Jurisdiction
  • Affidavit formalities
  • Child-custody
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Family law [1990] LSCA 116

Cossie v Sekhonyana (CIV/APN 266 of 89)

Cossie v Sekhonyana (CIV/APN 266 of 89) [1990] LSCA 116 (16 July 1990)

The children Palesa and Lepoqo were legitimated by the marriage agreement between the parties under Sesotho customary law, and the defendant is their legal guardian and custodian. There was no valid divorce between the parties as no court order was obtained, thus the marriage subsists and the purported subsequent marriage is void. The defendant is interdicted from assaulting the plaintiff.

  • Legitimation of children
  • Customary marriage
  • Divorce
  • Child custody
  • Interdicts
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Family law [1988] LSCA 118

Hlehlisi v Monyane (CIV/APN 287 of 85)

Hlehlisi v Monyane (CIV/APN 287 of 85) [1988] LSCA 118 (1 August 1988)

The court awarded custody of a minor child to his grandmother, finding a valid customary and Christian marriage and holding that the child was legitimated.

  • Child custody
  • Legitimation of children
  • Customary marriage
  • Christian marriage
  • Inheritance rights
  • Child-custody
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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.