Lesotho Case Law

Executrix of the Estate of the Late Mohapi Jessie (Lebohang Nts'inyi V Mphuto Jessie & 4 Others (C of A (CIV) 67/2024)

Executrix of the Estate of the Late Mohapi Jessie (Lebohang Nts'inyi V Mphuto Jessie & 4 Others (C of A (CIV) 67/2024) [2025] LSCA 27 (8 May 2025)

Court

Court of Appeal

Case number

C of A (CIV) 67/2024

The Court of Appeal held that the will could validly create a testamentary trust, the children were ascertainable beneficiaries, and the challenge was premature.

• Testamentary trusts
• Validity of will
• Divorce consent orders
• Appointment of executor
• Intestate succession
• Testamentary-trusts

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Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024)

Mphuto Jessie & Ano. V The Estate of the Late Mohapi Jessie & 3 Others (CIV/APN/0080/2024) [2024] LSHC 166 (17 September 2024)

Court

High Court

Case number

CIV/APN/0080/2024

The High Court of Lesotho held that a will contravening a divorce decree was invalid and declared the deceased intestate, setting aside the executrix’s appointment.

• Validity of will
• Divorce decree enforcement
• Testamentary freedom
• Trust law
• Estate administration
• Wills-and-testamentary-trusts

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Khadi v Mofelehetsi (CIV/APN 476 of 12)

Khadi v Mofelehetsi (CIV/APN 476 of 12) [2020] LSHC 7 (30 April 2020)

Court

High Court

Case number

CIV/APN 476 of 12

The High Court of Lesotho held that Thapelo Khadi was Monty Khadi’s son and rightful customary heir, and restrained the respondents from the disputed sites.

• Heirship
• Intestate succession
• Validity of will
• Customary appointment of heir
• Succession-law
• Customary-law

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Radebe v Shongwe (CIV/APN 133 of 20)

Radebe v Shongwe (CIV/APN 133 of 20) [2018] LSHC 17 (13 November 2018)

Court

High Court

Case number

CIV/APN 133 of 20

The High Court of Lesotho held that no valid codicil had been proved, so the deceased's 2016 will remained the only valid testamentary document.

• Validity of will
• Codicil to will
• Estate administration
• Testamentary capacity
• Validity-of-will
• Codicil-to-will

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Jonathan v Lephole (CIV/APN 68 of 14)

Jonathan v Lephole (CIV/APN 68 of 14) [2017] LSHC 37 (23 November 2017)

Court

High Court

Case number

CIV/APN 68 of 14

The applicant failed to establish any right or interest in the plot in question, and therefore lacked locus standi to seek a declaratory order; granting the order would be of mere academic interest.

Source excerpt

• Declaratory orders
• Locus standi
• Validity of will

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Maoeng v Maoeng (CIV/APN 217 of 11)

Maoeng v Maoeng (CIV/APN 217 of 11) [2013] LSHC 78 (27 November 2013)

Court

High Court

Case number

CIV/APN 217 of 11

The return of service did not establish compliance with Rule 4 (1) and (5), creating doubt as to whether the applicant was served. The applicant has prospects of success as a customary heir, and the default judgment was set aside. The matter is to proceed to trial to determine the validity of the will and the capacity of the testator.

Source excerpt

• Rescission of judgment
• Service of process
• Customary law of succession
• Validity of will

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Benjamin Radiopelo Maphathe v Executors of the Estate of the Late Dr. K.T Maphate and Others (CIV/T 329 of 2005)

Benjamin Radiopelo Maphathe v Executors of the Estate of the Late Dr. K.T Maphate and Others (CIV/T 329 of 2005) [2013] LSHC 44 (8 February 2013)

Court

High Court

Case number

CIV/T 329 of 2005

The High Court of Lesotho dismissed Benjamin Radiopelo Maphathe’s action, finding he failed to prove an agreement to transfer disputed properties back to him after his father’s death.

• Validity of will
• Testamentary dispositions
• Leases and property transfer
• Succession-law
• Wills-and-codicils
• Property-lease-disputes

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Mokatsanyane and Another v Thekiso and Others (C of A (CIV) 23 of 2004)

Mokatsanyane and Another v Thekiso and Others (C of A (CIV) 23 of 2004) [2005] LSCA 6 (20 April 2005)

Court

Court of Appeal

Case number

C of A (CIV) 23 of 2004

The appellants failed to prove that ‘Malebenya had abandoned a customary way of life and adopted a European mode of living; therefore, the will was invalid and Sesotho customary law applied, making the first respondent the lawful heir.

Source excerpt

• Validity of will
• Customary heirship
• Disinheritance
• Capacity to make will

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Tsapane v Chaba & Another (CIV/APN/ 218 of 2000)

Tsapane v Chaba & Another (CIV/APN/ 218 of 2000) [2001] LSCA 94 (10 December 2001)

Court

Court of Appeal

Case number

CIV/APN/ 218 of 2000

Applicant established a prima facie right as heir and successor, demonstrated well-grounded apprehension of irreparable harm if funds are paid out, balance of convenience favours preserving funds pending trial, and damages are not an adequate remedy. Requirements for temporary interdict satisfied.

Source excerpt

• Interim interdicts
• Heirship
• Validity of will
• Resettlement compensation

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Sekonyela v Sekonyela and Others (CIV/APN 53 of 99)

Sekonyela v Sekonyela and Others (CIV/APN 53 of 99) [2000] LSCA 30 (7 February 2000)

Court

Court of Appeal

Case number

CIV/APN 53 of 99

The court exercises its discretion to grant interim relief to preserve the estate pending the main action, finding a strong prima facie case on the constitutional and customary law issues, and orders inventory and non-dissipation of assets until final determination.

Source excerpt

• Validity of will
• Customary vs civil marriage
• Administration of deceased estate
• Freedom of testation
• Discrimination under succession laws

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