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Lesotho Case Law

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Administrative law [2024] LSCA 40

Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023)

Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023) [2024] LSCA 40 (1 November 2024)

The Court of Appeal dismissed an appeal against dismissal of a review challenging a lease registered in the respondent’s name, finding no proof that an adverse claim was pending.

  • Review of administrative action
  • Intestate succession
  • Customary law
  • Land registration
  • Procedural impropriety
  • Administrative-review
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Property law [2020] LSCA 36

KEL Property v Lethole (C of A (CIV) 53 of 2017)

KEL Property v Lethole (C of A (CIV) 53 of 2017) [2020] LSCA 36 (30 October 2020)

The Court of Appeal held that non-registration did not void KEL’s lease, and found Monki Lethole’s Form C title was fraudulently obtained.

  • Land registration
  • Customary law
  • Fraudulent title
  • Lease validity
  • Land-registration
  • Customary-law
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Customary law [2019] LSCA 37

Maoeng v Maoeng (C of A (CIV) 9 of 2019)

Maoeng v Maoeng (C of A (CIV) 9 of 2019) [2019] LSCA 37 (1 November 2019)

The Court of Appeal upheld findings that land was registered through misrepresentation and that ‘Mamache Maoeng was the lawful heir under statutory and customary law.

  • Inheritance under customary law
  • Fraudulent transfer of land
  • Heirship nomination
  • Land registration
  • Ministerial consent for land transfer
  • Customary-inheritance
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Land law [2019] LSHC 41

Nkwate v Molapo (LC/APN 19)

Nkwate v Molapo (LC/APN 19) [2019] LSHC 41 (11 October 2019)

The Land Court of Lesotho set aside a default judgment because no oral evidence was heard in a land dispute, and held review was available without prior rescission.

  • Default judgment
  • Review proceedings
  • Joinder of parties
  • Land registration
  • Procedural irregularity
  • Default-judgment
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Land law [2014] LSHC 31

Mamoshe Limema v Shalane Shale and Others (LC/APN 126 of 14)

Mamoshe Limema v Shalane Shale and Others (LC/APN 126 of 14) [2014] LSHC 31 (21 August 2014)

The High Court of Lesotho held that the applicant had the prior right to the disputed Lithabaneng site, granted interdictory and declaratory relief, and cancelled the respondent’s lease.

  • Double allocation
  • Land registration
  • Interdicts
  • Declaratory orders
  • Lease cancellation
  • Land-law
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Succession law [2011] LSHC 104

Motsamai v Motsamai and Others (CIV/APN 166 of 2008)

Motsamai v Motsamai and Others (CIV/APN 166 of 2008) [2011] LSHC 104 (30 September 2011)

The High Court of Lesotho dismissed an inheritance and land-registration application, holding that civil law governed the estate because the deceased and widow lived a European mode of life and married in community of property.

  • Intestate succession
  • Customary law vs civil law
  • Inheritance rights of widows
  • Community of property
  • Domicile and citizenship
  • Land registration
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Civil procedure [1991] LSCA 28

Mofolo v Ntsane and Others (CIV/APN 366 of 88)

Mofolo v Ntsane and Others (CIV/APN 366 of 88) [1991] LSCA 28 (20 February 1991)

The High Court of Lesotho dismissed an application to appoint the applicant as curator-ad-litem for a child, holding the child was not a party and had a guardian.

  • Curator-ad-litem appointment
  • Heirship
  • Land registration
  • Dismissal of application
  • Curator-ad-litem
  • Civil-procedure
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Civil procedure [1991] LSCA 16

Open Bible Ministries and Another v Nkoroane and Another (CIV/APN 61 of 89)

Open Bible Ministries and Another v Nkoroane and Another (CIV/APN 61 of 89) [1991] LSCA 16 (11 January 1991)

The court confirmed a rule nisi restraining suspended members of Open Bible Ministries from holding themselves out as authorities, interfering in affairs, or registering the site in their names.

  • Interdicts
  • Societies act compliance
  • Authority of office bearers
  • Land registration
  • Internal disputes in societies
  • Civil-procedure
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