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Lesotho Case Law

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Property law [2013] LSCA 17

Joy To The World v Neo Malefane and Others (C of A (CIV) 16 of 13)

Joy To The World v Neo Malefane and Others (C of A (CIV) 16 of 13) [2013] LSCA 17 (18 October 2013)

The Court of Appeal of Lesotho held that the appellant had a right of retention for improvements made as a bona fide possessor, but the ejectment writ still had to be obeyed unless set aside.

  • Ejectment
  • Jus retentionis
  • Bona fide possessor
  • Res judicata
  • Improvements to property
  • Jus-retentionis
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Property law [2013] LSHC 107

Lefosa v Mooki (CIV/APN 326 of 11)

Lefosa v Mooki (CIV/APN 326 of 11) [2013] LSHC 107 (10 July 2013)

The High Court held that the respondent had no enforceable lien over land already awarded to the applicant and ordered her ejectment with costs.

  • Lien
  • Ejectment
  • Improvements to property
  • Bona fide and mala fide occupier
  • Enrichment
  • Execution of judgment
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Property law [1994] LSCA 54

Salley v Udo Stadtsbuchler (CIV/APN 121 of 90)

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.

  • Land ownership
  • Sale of land
  • Improvements to property
  • Foreign ownership restrictions
  • Property-law
  • Land-sale
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Property law [1994] LSCA 49

Moqhishi v Ramphalile and Another (CIV/T 298 of 93)

Moqhishi v Ramphalile and Another (CIV/T 298 of 93) [1994] LSCA 49 (14 March 1994)

The High Court of Lesotho held that a land sale was void because the occupants were disqualified from holding title, ordering restoration of possession subject to payment for improvements.

  • Land ownership by non-citizens
  • Restitution of property
  • Improvements to property
  • Invalidity of sale due to statutory disqualification
  • Land-law
  • Property-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.