Lesotho Case Law

Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024)

Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024) [2024] LSHC 166 (17 September 2024)

Court

High Court

Case number

CIV/APN/0080/2024

The High Court of Lesotho held that a will contravening a divorce decree was invalid and declared the deceased intestate, setting aside the executrix’s appointment.

• Validity of will
• Divorce decree enforcement
• Testamentary freedom
• Trust law
• Estate administration
• Wills-and-testamentary-trusts

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Moroesi Tau-Thabane V 'Malisema Ramashamole & 2 Others (CIV/A/0007/2022)

Moroesi Tau-Thabane V 'Malisema Ramashamole & 2 Others (CIV/A/0007/2022) [2023] LSHC 127 (29 September 2023)

Court

High Court

Case number

CIV/A/0007/2022

The Magistrate Court erred in holding it lacked jurisdiction as the relief sought was a prohibitory interdict, not dependent on the value of the estate or renovations. The onus to prove lack of jurisdiction was not discharged by the first respondent. The court a quo further erred in upholding non-joinder as the testamentary executors had no direct and substantial interest without letters of administration. It was also wrong for the court to grant relief not sought and to proceed after finding it lacked jurisdiction.

Source excerpt

• Jurisdiction
• Non-joinder
• Interdicts
• Estate administration

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Khoeli v Majara (CIV/APN/10/2022)

Khoeli v Majara (CIV/APN/10/2022) [2022] LSHC 32 (5 May 2022)

Court

High Court

Case number

CIV/APN/10/2022

The High Court of Lesotho removed the applications from the roll because neither side complied with Rule 8(19) requiring notice to the Master in estate-related matters.

• Jurisdiction
• Locus standi
• Procedural compliance
• Estate administration
• Civil-procedure
• Estate-administration

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Executrix Estate of the Late Mosiuoa-LMA Lephatsa v Kibiti (CIV/APN 360 of 2018)

Executrix Estate of the Late Mosiuoa-LMA Lephatsa v Kibiti (CIV/APN 360 of 2018) [2021] LSHC 71 (21 October 2021)

Court

High Court

Case number

CIV/APN 360 of 2018

The High Court of Lesotho held that a registered motor vehicle belonged to the applicant, finding the estate’s contrary claim unsupported by sufficient circumstantial evidence.

• Ownership of motor vehicle
• Proof of ownership
• Circumstantial evidence
• Estate administration
• Motor-vehicle-ownership
• Proof-of-ownership

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Bohloko v Monare (C of A (CIV) 30 of 2020)

Bohloko v Monare (C of A (CIV) 30 of 2020) [2021] LSCA 14 (14 May 2021)

Court

Court of Appeal

Case number

C of A (CIV) 30 of 2020

The Court of Appeal dismissed a contempt appeal, holding the appellants failed to prove beyond reasonable doubt that the respondent knew of and wilfully disobeyed the order.

• Contempt of court
• Service of court orders
• Committal for contempt
• Estate administration
• Burden of proof
• Contempt-of-court

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Segoati Monare (Co-Executor) v 'Maphunye 'Mamonyane Bohloko (nee Monare) (C of A (CIV) 51 of 2020)

Segoati Monare (Co-Executor) v 'Maphunye 'Mamonyane Bohloko (nee Monare) (C of A (CIV) 51 of 2020) [2021] LSCA 28 (14 May 2021)

Court

Court of Appeal

Case number

C of A (CIV) 51 of 2020

The Court of Appeal of Lesotho dismissed an appeal over estate administration, holding that the appellants lacked locus standi because their co-executor appointments were made in error.

• Locus standi
• Appointment of executors
• Estate administration
• Effect of family resolutions
• Setting aside court orders
• Locus-standi

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Mohasoa v Matoase (C of A (CIV) 6 of 2018)

Mohasoa v Matoase (C of A (CIV) 6 of 2018) [2019] LSCA 36 (1 November 2019)

Court

Court of Appeal

Case number

C of A (CIV) 6 of 2018

The Court of Appeal set aside the High Court order and, by consent, held that a putative marriage existed and the estate should be administered according to law.

• Customary marriage
• Putative marriage
• Community of property
• Legitimacy of children
• Estate administration
• Putative-marriage

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Makhetha v Estate Late Elizabeth 'Mabolase Sekoyela (C of A (CIV) 44 of 2017)

Makhetha v Estate Late Elizabeth 'Mabolase Sekoyela (C of A (CIV) 44 of 2017) [2018] LSCA 16 (7 December 2018)

Court

Court of Appeal

Case number

C of A (CIV) 44 of 2017

The Court of Appeal set aside a High Court judgment in a dispute over division of a deceased spouse’s joint estate, finding serious procedural irregularity and mistrial.

• Division of joint estate
• Burden of proof
• Procedural irregularity
• Motion vs action proceedings
• Estate administration
• Burden-of-proof

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Radebe v Shongwe (CIV/APN 133 of 20)

Radebe v Shongwe (CIV/APN 133 of 20) [2018] LSHC 17 (13 November 2018)

Court

High Court

Case number

CIV/APN 133 of 20

The High Court of Lesotho held that no valid codicil had been proved, so the deceased's 2016 will remained the only valid testamentary document.

• Validity of will
• Codicil to will
• Estate administration
• Testamentary capacity
• Validity-of-will
• Codicil-to-will

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Malakane v Malakane and Others (C of A (CIV) 13 of 2007)

Malakane v Malakane and Others (C of A (CIV) 13 of 2007) [2015] LSCA 17 (7 August 2015)

Court

Court of Appeal

Case number

C of A (CIV) 13 of 2007

The Court of Appeal postponed a civil appeal concerning heirship to an estate, ordering costs for the 1st respondent on the ordinary scale.

• Heirship
• Estate administration
• Appeal procedure
• Postponement
• Costs
• Succession

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