Lesotho Case Law

Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024)

Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024) [2024] LSHC 20 (26 November 2024)

Court

High Court

Case number

CIV/APN/0192/2024

The High Court lacks jurisdiction to hear the matter before the applicants have exhausted the procedures and remedies set out in Regulations 43 and 44 of the Land Regulations 2011. The applicants must await the allocating authority's determination of their objection before approaching the court.

Source excerpt

• Inheritance of land
• Jurisdiction
• Exhaustion of administrative remedies
• Family council decisions
• Review of administrative action

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Thibeli v Khosholo (LC/APN 15)

Thibeli v Khosholo (LC/APN 15) [2020] LSHC 37 (28 August 2020)

Court

High Court

Case number

LC/APN 15

Land dispute over whether a Form C proved lawful allocation or an inherited right; court found the applicant had not proved lawful allocation and granted absolution from the instance.

• Land allocation
• Title to land
• Inheritance of land
• Lease cancellation
• Burden of proof
• Capacity of minors

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Masupha v Nkoe & Another (C of A (CIV); LC of APN 42)

Masupha v Nkoe & Another (C of A (CIV); LC of APN 42) [2017] LSCA 11 (12 May 2017)

Court

Court of Appeal

Case number

C of A (CIV) ; LC of APN 42

The Land Court erred in summarily dismissing the application at pre-trial stage where a real dispute of fact existed. The applicant should have been allowed to amend pleadings and proceed to trial. Condonation for late filing of appeal was justified due to lack of notice of judgment delivery and prospects of success.

Source excerpt

• Inheritance of land
• Jurisdiction
• Preliminary objections
• Condonation for late appeal
• Summary dismissal
• Land litigation procedure

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Tlali Phakisi v Motlatsi Charles Tlapana (CIV/A 30 of 30)

Tlali Phakisi v Motlatsi Charles Tlapana (CIV/A 30 of 30) [2014] LSHC 34 (26 March 2014)

Court

High Court

Case number

CIV/A 30 of 30

Condonation for non-compliance with Rule 52(1) was granted as the delay was satisfactorily explained and the matter was important; the respondent had rights to the land by inheritance and was not a remover under section 7(7) of Part 1 of Laws of Lerotholi; there was no merit in the non-joinder argument as Seabata Tlapana had no direct and substantial interest; the court a quo erred in not awarding costs to the successful party as the matter was no longer a family dispute after withdrawal against Seabata.

Source excerpt

• Ejectment
• Rei vindicatio
• Inheritance of land
• Condonation of procedural non-compliance
• Costs in litigation

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Nkuebe v Sempe (CIV/APN/A 108 of 1)

Nkuebe v Sempe (CIV/APN/A 108 of 1) [2002] LSCA 20 (15 March 2002)

Court

Court of Appeal

Case number

CIV/APN/A 108 of 1

The applicant failed to prove on a balance of probabilities that the respondent was personally served with or had notice of the court order; therefore, contempt is not established. The respondent's claim to have inherited the field is unsupported and cannot stand, as the main application was granted unopposed and the restraining order remains in force.

Source excerpt

• Inheritance of land
• Contempt proceedings
• Family land disputes

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Chaka v Chaka (CIV/A 17 of 86)

Chaka v Chaka (CIV/A 17 of 86) [1986] LSCA 22 (24 March 1986)

Court

Court of Appeal

Case number

CIV/A 17 of 86

The court held that removing to a new chief’s area made the family members “removers” and affected inheritance rights to the disputed tree plantation.

• Inheritance of land
• Removal of family members
• Allocation of land rights
• Use of family property
• Customary-law
• Succession

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Moabi v Mosalalija (NA No.)

Moabi v Mosalalija (NA No.) [1983] LSCA 71 (12 July 1983)

Court

Court of Appeal

Case number

NA No.

The court dismissed an appeal over a disputed yard, holding that a chief could not validly allocate an inheritable residential site while the owners were absent.

• Allocation of residential sites
• Inheritance of land
• Customary land rights
• Customary-land-rights
• Inheritance-of-land
• Residential-site-allocation

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