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Lesotho Case Law

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Family law [2024] LSHC 74

Libuseng Seokho V Sepinare Seokho & 7 Others (CIV/APN/0311/2023)

Libuseng Seokho V Sepinare Seokho & 7 Others (CIV/APN/0311/2023) [2024] LSHC 74 (14 November 2024)

The High Court of Lesotho held that a deceased spouse could not unilaterally dispose of joint-estate property by will without the other spouse’s consent.

  • Community of property
  • Wills and testaments
  • Intestate succession
  • Spousal rights
  • Administration of estates
  • Community-of-property
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Family law [2020] LSCA 47

Moshoeshoe v Moshoeshoe (C of A (CIV) 81 of 2019)

Moshoeshoe v Moshoeshoe (C of A (CIV) 81 of 2019) [2020] LSCA 47 (30 October 2020)

The Court of Appeal held that the High Court erred by ordering equal division of the joint estate without determining the value and economic effect of alleged alienated property.

  • Division of joint estate
  • Alienation of matrimonial property
  • Community of property
  • Legal capacity of married persons act
  • Matrimonial-property
  • Joint-estate-division
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Family law [2019] LSCA 36

Mohasoa v Matoase (C of A (CIV) 6 of 2018)

Mohasoa v Matoase (C of A (CIV) 6 of 2018) [2019] LSCA 36 (1 November 2019)

The Court of Appeal set aside the High Court order and, by consent, held that a putative marriage existed and the estate should be administered according to law.

  • Customary marriage
  • Putative marriage
  • Community of property
  • Legitimacy of children
  • Estate administration
  • Putative-marriage
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Civil procedure [2015] LSCA 36

Moosa and Others v Lesotho Revenue Authority (C of A (CIV) 2 of 2014)

Moosa and Others v Lesotho Revenue Authority (C of A (CIV) 2 of 2014) [2015] LSCA 36 (6 November 2015)

The Court of Appeal refused condonation for a late appeal, finding inordinate delay, a lapsed appeal, and no proper proof of the claimed marital property position.

  • Condonation
  • Lapsed appeal
  • Community of property
  • Sharia law
  • Ante-nuptial contract
  • Admissibility of foreign law
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Land law [2014] LSHC 98

Mphutlane v Seoli and Others (LC/APN 2014)

Mphutlane v Seoli and Others (LC/APN 2014) [2014] LSHC 98 (25 November 2014)

The application does not concern a dispute over title to land, derogations from title, or rights overriding title as required by the Land Act. Therefore, the Land Court lacks jurisdiction to entertain the matter.

  • Jurisdiction of land courts
  • Sale of matrimonial property
  • Community of property
  • Nullification of auction
  • Spousal consent
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Property law [2014] LSCA 35

Kobeli v Moseneke and Others (C of A (CIV) 28 of 2014)

Kobeli v Moseneke and Others (C of A (CIV) 28 of 2014) [2014] LSCA 35 (24 October 2014)

The Court of Appeal held that a sale of a leasehold property was invalid because it was concluded without the wife’s required spousal consent.

  • Community of property
  • Alienation of immovable property
  • Spousal consent
  • Invalidity of sale
  • Mandate and power of attorney
  • Community-of-property
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Succession [2013] LSHC 91

Phamotse v Phamotse (CIV/T 673 of 11)

Phamotse v Phamotse (CIV/T 673 of 11) [2013] LSHC 91 (17 December 2013)

The High Court held that the disputed site traced back to land allocated during the marriage, so it formed part of the community estate and passed to the plaintiff.

  • Community of property
  • Will validity
  • Compensatory land allocation
  • Divorce and estate
  • Customary succession
  • Community-property
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Family law [2013] LSHC 65

Zainab Moosa and Others v Lesotho Revenue Authority (CIV/APN 86 of 2013)

Zainab Moosa and Others v Lesotho Revenue Authority (CIV/APN 86 of 2013) [2013] LSHC 65 (11 September 2013)

The High Court held that the applicants failed to prove the marriage was out of community of property, so the attached property formed part of the joint estate.

  • Community of property
  • Islamic marriage
  • Distress order
  • Attachment of property
  • Proof of marital regime
  • Community-of-property
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Family law [2013] LSHC 85

Makhohlisa v Makhohlisa (CIV/APN 113 of 13)

Makhohlisa v Makhohlisa (CIV/APN 113 of 13) [2013] LSHC 85 (28 August 2013)

The applicant failed to prove on a balance of probabilities that the respondent was engaged in extra-marital relationships or that there was a reasonable apprehension that he would alienate joint estate property to his alleged mistresses. Without such proof, the basis for the interdict collapsed, and the application was dismissed.

  • Interdicts
  • Community of property
  • Burden of proof
  • Divorce proceedings
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Succession law [2013] LSCA 4

Manthabiseng Lepule v Teboho Lepule (C of A (CIV) 5 of 13)

Manthabiseng Lepule v Teboho Lepule (C of A (CIV) 5 of 13) [2013] LSCA 4 (19 April 2013)

The Court of Appeal held that a widow had the same rights to her deceased husband’s landed property under amended land law and dismissed the son’s claim.

  • Widow's succession rights
  • Community of property
  • Customary law vs statutory law
  • Non-joinder of interested parties
  • Widow-succession-rights
  • Land-law
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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.