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Lesotho decisions
Decisions matching the current search
Palime v Kele (CCT/0249/2021) [2023] LSHC 10 (27 March 2023)
The absence of jurisdiction is not apparent ex facie the pleadings; the dispute arises from a sale agreement, which is a commercial transaction within the court's jurisdiction. The exception is misguided and must be dismissed.
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Khoromeng v Manamolela (LC/APN/149/2014) [2022] LSHC 82 (2 June 2022)
Ministerial consent is not required for a valid sale agreement but is necessary for transfer of title. The applicant, having paid consideration and fulfilled contractual obligations, is entitled to specific performance compelling the seller to facilitate transfer of title. The sublease agreement entered into after the sale is invalid as the seller had already disposed of his rights. Respondents' objections on locus standi and ministerial consent are dismissed.
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Makepe v Thotanyane (CCA 70 of 15) [2017] LSHC 31 (31 August 2017)
The Commercial Court has jurisdiction to grant specific performance in a sale of land contract where the applicant has fulfilled contractual obligations and the respondent's alleged disputes of fact are fictitious and intended to delay proceedings. The applicant is entitled to the relief sought.
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Mahlomola Nkhabu v Mojela Lerotholi and Others (LC/APN 2013) [2016] LSHC 18 (6 May 2016)
The Land Court dismissed a seller’s application for eviction, cancellation of a sale agreement, and rental arrears, holding the matter was already finally decided and improperly duplicated.
Nkholi and Others v Nkholi (C of A (CIV) 47 of 14) [2015] LSCA 28 (7 August 2015)
The Court of Appeal held that the sale of the deceased’s site was unlawful and void ab initio for lack of required consent and non-compliance with land law.
Ntholeng Molefi and Expomix Properies (LC/APN 12 of 14) [2014] LSHC 10 (21 March 2014)
The High Court of Lesotho granted default judgment in a land-sale dispute, ordering refund of M23,000 or delivery of the plot, with interest and costs.
Makhanya v Pheko (CIV/T 313 of 2011) [2012] LSHC 2 (9 February 2012)
The deed of sale between applicant and defendant was invalid and of no effect due to non-compliance with section 36(5) of the Land Act, as Ministerial consent was not obtained. Therefore, the defendant remained the owner and the attachment and sale in execution were lawful.
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Abubaker v Monki (CIV/APN 222 of 98) [1998] LSCA 65 (30 June 1998)
The court refused a final interdict over a disputed site sale, finding unresolved issues of fact about possession and compliance with the deed and converting the matter to trial.
Abubaker v Issa and Others (CIV/APN 488 of 95) [1995] LSCA 90 (26 June 1995)
The written agreements constitute the entire contract between the parties, and no oral evidence of a collateral agreement or additional consideration is admissible to contradict or vary their terms, especially in light of the non-variation clause. The respondent is bound by the written agreements and cannot rely on an alleged oral agreement to frustrate the applicant's claim for performance. The applicant is entitled to the relief sought.
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Salley v Udo Stadtsbuchler (CIV/APN 121 of 90) [1994] LSCA 54 (14 March 1994)
The court ordered restoration of possession to the applicant, but only on condition that he pay M40,000 for improvements made to the property.
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