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Lesotho decisions
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Thabiso Mosao V Mabohlale Makakole (Nee Mosa Mosao) & 3 Others (C of A (CIV) 09/2025) [2025] LSCA 9 (2 May 2025)
The Court of Appeal held that a claim to customary heirship is a status question within the High Court’s jurisdiction and need not first go to family arbitration.
Mofolo v Ramatlapeng (CIV/APN 23 of 16) [2020] LSHC 55 (21 August 2020)
Applicants failed to prove, on a balance of probabilities, that the late Thomas MoFolo had abandoned customary life and was married by civil rites; thus, customary law applies to the estate. The appointment of Pepenene MoFolo as sole heir was irregular, but the estate must be distributed according to customary law, not intestate succession. Interdicts against the 1st respondent's dealings with the estate are granted, but equal distribution under intestate succession is refused.
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Machakela v Machakela (CIV/APN 603 of 12) [2018] LSHC 31 (16 September 2018)
The High Court of Lesotho dismissed an application over the estate of Sello Machakela, holding the estate was governed by Basotho customary law.
Ratia v Ratia (CIV/APN 329 of 14) [2018] LSHC 58 (13 August 2018)
The High Court of Lesotho held that a widow, not the customary male heir, had the prior right to decide where her husband should be buried.
Ramatlapeng v Jessie (C of A (CIV) 15 of 2016) [2016] LSCA 39 (28 October 2016)
The Court of Appeal of Lesotho held that a married sister was not entitled to live in her parents’ inherited home or be maintained by her brother as heir.
Nalane (Nee Molapo) and Others v Molapo and Others (C of A (CIV) 10 of 8) [2008] LSCA 25 (17 October 2008)
The Court of Appeal held that the deceased’s estate was governed by customary law, dismissed the appeal for non-joinder of the customary heir, and rejected a late waiver argument.
Mokatsanyane and Another v Thekiso and Others (C of A (CIV) 23 of 2004) [2005] LSCA 6 (20 April 2005)
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.
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Ntsihlele v Ntsihlele and Others (CIV/APN/244/94; CIV/APN/265/94) [1994] LSCA 156 (14 October 1994)
The court held that a widow was the Basotho customary heiress to her late husband’s estate and that his terminal benefits formed part of that estate.
Ndlebe and Another v Ndlebe and Another (CIV/T 256 of 78) [1986] LSCA 74 (13 June 1986)
The plaintiffs, as the lawful widow and customary heir, were entitled to the compensation moneys; the family decision appointing the 2nd defendant as heir was contrary to customary law and invalid. Defendants must reimburse the plaintiffs, less proven funeral expenses.
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