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Lesotho decisions
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Maipato Mahoholi V Kopotso Mahoholi & 4 Others (C of A (CIV) 75/2023) [2025] LSCA 32 (2 May 2025)
The Court of Appeal held that a prior perfected customary donation and regularised lease prevailed over a belated heirship claim, and dismissed the appeal.
Liteboho Ramakhula & Ano. V The Chairperson-Mafeteng Urban Council & & Others (C of A (CIV) No 08/2024) [2024] LSCA 14 (1 November 2024)
The High Court erred in declining jurisdiction and refusing mandamus; once the threshold requirements under Regulation 44 are met, the allocating authority must process the nomination and objections, and the issue of heirship is to be determined through that process, not as a precondition.
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Liteboho Ramakhula V The Chairperson-Mafeteng Urban Council (CIV/APN/344/2020) [2024] LSHC 4 (19 January 2024)
Mandamus is not an appropriate remedy because the core dispute is over heirship and succession to the estate, not merely land allocation. The High Court must first determine the rightful heir before the land allocation procedures under Regulation 44 can be invoked. The application for mandamus is therefore dismissed.
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Mats'epo Matlakeng V Ramahetlana Matlakeng &9 Others (CIV/APN/0159/2022) [2023] LSHC 128 (29 September 2023)
The High Court held that a dispute over inheritance and succession in an estate containing land is not a pure land dispute, so it had jurisdiction.
Lets'olo v Lets'olo (C of A (CIV) 23/2022) [2022] LSCA 54 (11 November 2022)
The absence of bohali does not invalidate a customary marriage or render children illegitimate. The Local Court's decision was flawed and not binding on the appellant, who was not a party to those proceedings. The first respondent is entitled to be declared heiress only to the Koalabata residence, while the Likalaneng property belongs to the house of ‘Mampolokeng Letšolo, and the appellant is not excluded from heirship.
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Ranthako v Ranthako (CIV/APN/291/2020) [2022] LSHC 45 (20 June 2022)
The High Court held that a dispute over heirship and succession was not a pure land dispute, so jurisdiction was not ousted and the matter could proceed.
Setuka v Setuka (CIV/APN/102/2018) [2022] LSHC 16 (28 February 2022)
The High Court held it lacked jurisdiction over a dispute centered on rights to land and heirship to immovable property, and dismissed the application with costs.
Lehana v Letlaka (CIV/T 554 of 7) [2020] LSHC 50 (26 May 2020)
Inheritance dispute over a deceased man's estate. The court found the second wife and the children were all heirs and ordered equitable division of property and rentals.
Khadi v Mofelehetsi (CIV/APN 476 of 12) [2020] LSHC 7 (30 April 2020)
The High Court of Lesotho held that Thapelo Khadi was Monty Khadi’s son and rightful customary heir, and restrained the respondents from the disputed sites.
Shale v Shale (C of A (CIV) 35 of 2019) [2019] LSCA 45 (1 November 2019)
The core dispute concerned title to land and the invalidation of certificates of allocation, not merely heirship. The Land Act 2010 confers exclusive jurisdiction over land matters to the Land Court, thereby ousting the High Court’s jurisdiction. The High Court was correct in declining jurisdiction.
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