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Lesotho Case Law

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Civil procedure [2025] LSCA 66

Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025)

Morena Mariti V ABSA Bank Limited & 3 Others (C of A (CIV) No.47/2025) [2025] LSCA 66 (7 November 2025)

The Court of Appeal upheld an urgent order placing a disputed vehicle in police custody pending appeal, holding that ABSA showed prima facie ownership and risk of dissipation.

  • Urgent applications
  • Interim custody of disputed property
  • Ownership and possession
  • Rei vindicatio
  • Spoliation
  • Suspension of execution pending appeal
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Land law [2024] LSHC 245

Makibinyane Mohapeloa V Limpho Mohapeloa & 5 Others (LC/APN/0016/2023)

Makibinyane Mohapeloa V Limpho Mohapeloa & 5 Others (LC/APN/0016/2023) [2024] LSHC 245 (25 October 2024)

The applicant’s claim is vindicatory in nature, asserting ownership rights and seeking restoration of possession or compensation for market value, not arising from a commercial or business relationship. The Land Court has jurisdiction to hear the dispute. The preliminary objection is dismissed.

  • Jurisdiction
  • Rei vindicatio
  • Transfer of land rights
  • Power of attorney
  • Concurrent jurisdiction
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Property law [2024] LSHC 105

NKhetheleng Mohale & Ano. V 'Masenate Letsie & 6 Others (LC/APN/61/2014)

NKhetheleng Mohale & Ano. V 'Masenate Letsie & 6 Others (LC/APN/61/2014) [2024] LSHC 105 (18 June 2024)

The court declared the applicants lawful owners of the plot, found the competing transfer invalid, ordered cancellation of the lease, and directed a lease to the applicants.

  • Title to land
  • Cancellation of lease
  • Rei vindicatio
  • Transfer of immovable property
  • Land-law
  • Property-law
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Property law [2020] LSHC 3

Kotsokoane v Molapo (LC/APN 13)

Kotsokoane v Molapo (LC/APN 13) [2020] LSHC 3 (9 March 2020)

The court held that the respondents were bona fide possessors with an improvement lien, but their claim for a fixed compensation sum failed for lack of proof.

  • Rei vindicatio
  • Improvement lien
  • Bona fide possessor
  • Unjust enrichment
  • Compensation for improvements
  • Rei-vindicatio
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Land law [2015] LSHC 50

Kuleile v Mohloboli and Another (LC/APN 2014)

Kuleile v Mohloboli and Another (LC/APN 2014) [2015] LSHC 50 (9 December 2015)

The court upheld the applicant’s lease title to the disputed urban plot, rejected the respondent’s claim to title, and ordered ejectment-related relief, while recognizing a possible lien for necessary expenses.

  • Leaseholder rights
  • Certificate of title
  • Bona fide and mala fide occupation
  • Improvements on land
  • Rei vindicatio
  • Lien (ius retentionis)
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Land law [2014] LSHC 34

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)

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.

  • Ejectment
  • Rei vindicatio
  • Inheritance of land
  • Condonation of procedural non-compliance
  • Costs in litigation
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Civil procedure [1995] LSCA 89

Midmacor (Pty) Limited v Zakhura Brothers (Pty) Limited; Midmacor (Pty) Limited v Zakhura Brothers (Pty) Llimited (CIV/APN/274/88)

Midmacor (Pty) Limited v Zakhura Brothers (Pty) Limited; Midmacor (Pty) Limited v Zakhura Brothers (Pty) Llimited (CIV/APN/274/88) [1995] LSCA 89 (23 June 1995)

The High Court ordered release of two generators to Midmacor, holding it proved ownership and that Zakhura Brothers had no right to retain them.

  • Attachment of property
  • Intervention in proceedings
  • Ownership and possession
  • Rei vindicatio
  • Contempt of court
  • Attachment-of-property
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