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Lesotho decisions
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Moeketsi Monaheng V Richard Mahlomola (C of A (CIV) No 30/2022) [2024] LSCA 27 (1 November 2024)
The Court of Appeal of Lesotho upheld a registered lease over an unregistered sale agreement, set aside cancellation of the lease, and restored possession to the appellant.
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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Makhapetla Mabote V Maseru City Council & Ano. (CIV/A/0009/2022) [2024] LSHC 235 (12 June 2024)
The District Land Court lacks jurisdiction to grant pre-emption rights over unallocated land as such rights are not recognized under the Land Act 2010. The reliefs sought are incompetent in land law, and the court cannot grant what the law prohibits.
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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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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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Ramakhula v Chairperson-mafeteng Urban Council (CIV/APN/344/2020) [2022] LSHC 42 (20 June 2022)
The High Court held it had jurisdiction to hear a mandamus application about land inheritance because the applicants sought statutory performance, not title determination.
Matete v Mafeteng Urban Council (LC/APN/030/2021) [2022] LSHC 76 (13 June 2022)
The High Court held that land matters within District Land Court jurisdiction must first be filed there unless leave is granted under Rule 9(2).
Thibeli v Khosholo (LC/APN 15) [2020] LSHC 37 (28 August 2020)
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.
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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Mothibeli v The Judicial Commissioner (CIV/APN 170 of 6) [2013] LSHC 116 (12 September 2013)
Appellant's allocation was never lawfully revoked, and he was denied a fair opportunity to tender evidence; thus, the site still belonged to him and the appeal succeeded.
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