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Lesotho Case Law

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Land law [2024] LSCA 31

Litsietsti Selimo V Principal Secretary Ministry of Education & 3 Others. (C of A (CIV) No 37/2024)

Litsietsti Selimo V Principal Secretary Ministry of Education & 3 Others. (C of A (CIV) No 37/2024) [2024] LSCA 31 (1 November 2024)

The Court of Appeal held that statutory arbitration provisions for land boundaries did not oust the Land Court’s jurisdiction over a dispute about title to land.

  • Jurisdiction
  • Arbitration
  • Title to land
  • Administrative remedies
  • Land-law
  • Title-to-land
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Land law [2024] LSHC 230

Malebohang Seholoholo V Tommy Rasethunt'sa & 10 Others (LC/APN/0002/2023)

Malebohang Seholoholo V Tommy Rasethunt'sa & 10 Others (LC/APN/0002/2023) [2024] LSHC 230 (6 September 2024)

Applicant failed to prove valid title as the Form C was issued under a repealed law by a local chief without authority in an urban area; no evidence of fraud or error in the issuance of the impugned leases; all legal procedures for inheritance and lease issuance were followed by the 1st respondent.

  • Ejectment
  • Title to land
  • Cancellation of leases
  • Allocation of land
  • Inheritance
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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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Land law [2022] LSHC 119

Khechane v Semonkong Urban Council (LC/A/13/2021)

Khechane v Semonkong Urban Council (LC/A/13/2021) [2022] LSHC 119 (30 June 2022)

Appeal over disputed land boundaries and alleged encroachment dismissed for lack of sufficient survey evidence and proof of title to the contested area.

  • Encroachment
  • Title to land
  • Proof of boundaries
  • Survey evidence
  • Interdicts
  • Land-law
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Land law [2022] LSCA 11

Diversity Developments v Boiphihlelo Holdings (C of A No. 43/2021)

Diversity Developments v Boiphihlelo Holdings (C of A No. 43/2021) [2022] LSCA 11 (13 May 2022)

The Court of Appeal granted leave to appeal, set aside the Land Court’s decision, and remitted a disputed land matter for completion with oral evidence.

  • Locus standi
  • Interlocutory appeals
  • Title to land
  • Leave to appeal
  • Locus-standi
  • Leave-to-appeal
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Land law [2020] LSCA 38

Kolisang v Mahase (C of A (CIV) 55 of 2019)

Kolisang v Mahase (C of A (CIV) 55 of 2019) [2020] LSCA 38 (30 October 2020)

The Court of Appeal of Lesotho upheld dismissal of a land claim, holding that the seller had no title to mortgaged property and the sale was void.

  • Title to land
  • Mortgaged property
  • Registration of title
  • Competing claims
  • Compensation for bona fide possessor
  • Land-law
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Land law [2020] LSHC 37

Thibeli v Khosholo (LC/APN 15)

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.

  • Land allocation
  • Title to land
  • Inheritance of land
  • Lease cancellation
  • Burden of proof
  • Capacity of minors
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Land law [2020] LSCA 18

Kolisang v Mahase (C of A (CIV) 55 of 2019)

Kolisang v Mahase (C of A (CIV) 55 of 2019) [2020] LSCA 18 (29 May 2020)

The Court of Appeal of Lesotho dismissed an appeal over a disputed land sale, holding the seller had no title and the mortgaged property could not validly be sold before redemption.

  • Title to land
  • Sale of mortgaged property
  • Bona fide possessor
  • Competing claims to land
  • Nullity of transaction
  • Land-law
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Land law [2019] LSCA 32

Zion Apostolic Faith Mission v Marakabi (C of A (CIV) 2 of 2018)

Zion Apostolic Faith Mission v Marakabi (C of A (CIV) 2 of 2018) [2019] LSCA 32 (1 February 2019)

The Court of Appeal set aside a default order because the Land Court had not properly handled service, res judicata, and disputed land title issues.

  • Rescission of judgment
  • Default judgment
  • Res judicata
  • Title to land
  • Procedural irregularity
  • Rescission-of-judgment
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Land law [2019] LSCA 25

The Maseru Library Society & Anor v Anglican Church of Lesotho Property Company (Pty) Ltd & Others (C of A (CIV) 56 of 2016)

The Maseru Library Society & Anor v Anglican Church of Lesotho Property Company (Pty) Ltd & Others (C of A (CIV) 56 of 2016) [2019] LSCA 25 (1 February 2019)

The Court of Appeal set aside a summary dismissal in a land dispute, holding that unresolved factual contradictions required a trial and retrial before another judge.

  • Title to land
  • Locus standi
  • Prescription
  • Procedural fairness
  • Land survey
  • Summary dismissal
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.