Lesotho Case Law

Malefetsane Tlali V Retselisitsoe Phoofolo & 2 Others (LC/A/17/2019)

Malefetsane Tlali V Retselisitsoe Phoofolo & 2 Others (LC/A/17/2019) [2024] LSHC 22 (30 October 2024)

Court

High Court

Case number

LC/A/17/2019

Regulations 43 and 44 of Land Regulations, 2011 do not apply to claims for compensation arising from expropriation, as expropriation extinguishes title and only compensation rights accrue; the court a quo erred by focusing on inheritance compliance instead of entitlement to compensation.

Source excerpt

• Expropriation
• Compensation
• Inheritance
• Land rights

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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)

Court

High Court

Case number

LC/APN/0002/2023

Applicant failed to prove valid title as the Form C was issued under a repealed law by a local chief without authority in an urban area; no evidence of fraud or error in the issuance of the impugned leases; all legal procedures for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

Source excerpt

• Ejectment
• Title to land
• Cancellation of leases
• Allocation of land
• Inheritance

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Mats'epo Matlakeng V Ramahetlana Matlakeng &9 Others (CIV/APN/0159/2022)

Mats'epo Matlakeng V Ramahetlana Matlakeng &9 Others (CIV/APN/0159/2022) [2023] LSHC 128 (29 September 2023)

Court

High Court

Case number

CIV/APN/0159/2022

The High Court held that a dispute over inheritance and succession in an estate containing land is not a pure land dispute, so it had jurisdiction.

• Jurisdiction
• Declaratory orders
• Heirship
• Land law
• Inheritance
• Succession

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Ramakoala V Monts'o (CCA/0108/2021)

Ramakoala V Monts'o (CCA/0108/2021) [2023] LSHC 141 (14 September 2023)

Court

High Court

Case number

CCA/0108/2021

The High Court of Lesotho dismissed a civil application because a material dispute of fact about valuation was foreseeable and unsuitable for motion proceedings.

• Dispute of fact
• Motion proceedings
• Dismissal of application
• Inheritance
• Contract cancellation
• Civil-procedure

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Lets'olo v Lets'olo (C of A (CIV) 23/2022)

Lets'olo v Lets'olo (C of A (CIV) 23/2022) [2022] LSCA 54 (11 November 2022)

Court

Court of Appeal

Case number

C of A (CIV) 23/2022

The absence of bohali does not invalidate a customary marriage or render children illegitimate. The Local Court's decision was flawed and not binding on the appellant, who was not a party to those proceedings. The first respondent is entitled to be declared heiress only to the Koalabata residence, while the Likalaneng property belongs to the house of ‘Mampolokeng Letšolo, and the appellant is not excluded from heirship.

Source excerpt

• Heirship
• Inheritance
• Legitimacy of children
• Customary marriage
• Annulment
• Joint property

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Ramakhula v Chairperson-mafeteng Urban Council (CIV/APN/344/2020)

Ramakhula v Chairperson-mafeteng Urban Council (CIV/APN/344/2020) [2022] LSHC 42 (20 June 2022)

Court

High Court

Case number

CIV/APN/344/2020

The High Court held it had jurisdiction to hear a mandamus application about land inheritance because the applicants sought statutory performance, not title determination.

• Mandamus
• Jurisdiction
• Inheritance
• Land allocation
• Land-law
• Civil-procedure

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Setuka v Setuka (CIV/APN/102/2018)

Setuka v Setuka (CIV/APN/102/2018) [2022] LSHC 16 (28 February 2022)

Court

High Court

Case number

CIV/APN/102/2018

The High Court held it lacked jurisdiction over a dispute centered on rights to land and heirship to immovable property, and dismissed the application with costs.

• Jurisdiction
• Heirship
• Immovable property
• Inheritance
• Declaratory relief
• Land-law

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Shale v Shale (LC/APN 19)

Shale v Shale (LC/APN 19) [2019] LSHC 44 (5 November 2019)

Court

High Court

Case number

LC/APN 19

Failure by the Magistrate to hear viva voce evidence where there existed a dispute of facts amounted to a reviewable irregularity, and the applicant was prejudiced by not being afforded an opportunity to present his case.

Source excerpt

• Default judgment
• Jurisdiction
• Inheritance
• Declaratory orders
• Procedural irregularity

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Lepholisa v Lepholisa and Another (LC/APN 12 of 2012)

Lepholisa v Lepholisa and Another (LC/APN 12 of 2012) [2015] LSHC 6 (17 February 2015)

Court

High Court

Case number

LC/APN 12 of 2012

The High Court’s Land Court dismissed an application to be declared sole heiress, holding it lacked jurisdiction over succession and heirship disputes.

• Jurisdiction
• Inheritance
• Appointment of heir
• Family property
• Intestate succession
• Land-court-jurisdiction

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Tlhoriso Makenete v Mookho Motanya (C of A (CIV) 53 of 13)

Tlhoriso Makenete v Mookho Motanya (C of A (CIV) 53 of 13) [2014] LSCA 9 (17 April 2014)

Court

Court of Appeal

Case number

C of A (CIV) 53 of 13

Court of Appeal held that the child-custody order could not stand because the trial court failed to investigate all welfare factors and remitted the matter.

• Child custody
• Best interests of the child
• Guardianship
• Inheritance
• Interim custody arrangements
• Child-custody

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