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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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)

Court

High Court

Case number

CIV/APN/0311/2023

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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Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023)

Mahola Matlosa V Khabele Matlosa & 3 Others (C of A (CIV) No 83/2023) [2024] LSCA 40 (1 November 2024)

Court

Court of Appeal

Case number

C of A (CIV) No 83/2023

The Court of Appeal dismissed an appeal against dismissal of a review challenging a lease registered in the respondent’s name, finding no proof that an adverse claim was pending.

• Review of administrative action
• Intestate succession
• Customary law
• Land registration
• Procedural impropriety
• Administrative-review

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Motloheloa Kibinye V 'Malefa Lekaka (CIV/APN/0232/2022)

Motloheloa Kibinye V 'Malefa Lekaka (CIV/APN/0232/2022) [2023] LSHC 83 (25 April 2023)

Court

High Court

Case number

CIV/APN/0232/2022

The High Court of Lesotho held that the respondent’s alleged seantlo marriage was invalid and declared her marriage to the deceased void ab initio.

• Validity of customary marriage
• Seantlo marriage
• Intestate succession
• Putative marriage
• Civil marriage during subsistence of customary marriage
• Customary-marriage

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Mofolo v Ramatlapeng (CIV/APN 23 of 16)

Mofolo v Ramatlapeng (CIV/APN 23 of 16) [2020] LSHC 55 (21 August 2020)

Court

High Court

Case number

CIV/APN 23 of 16

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.

Source excerpt

• Intestate succession
• Customary heirship
• Mode of life test
• Locus standi
• Distribution of estate
• Interdicts

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Mabats'oeneng Grace Hlaele NO v 'Maisaiah Thabane (CIV/APN 195 of 20)

Mabats'oeneng Grace Hlaele NO v 'Maisaiah Thabane (CIV/APN 195 of 20) [2020] LSHC 17 (13 July 2020)

Court

High Court

Case number

CIV/APN 195 of 20

High Court held the guardian applicant had locus standi, rejected jurisdiction objections, and granted urgent interim relief to protect minors’ estate interests.

• Guardianship
• Custody of minor
• Intestate succession
• Interim interdicts
• Jurisdiction of high court
• Administration of estates

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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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Molapo v Gama (LC/A 8)

Molapo v Gama (LC/A 8) [2019] LSHC 37 (4 November 2019)

Court

High Court

Case number

LC/A 8

Appeal about inheritance of landed property in Lesotho. The court held that land succession must comply with the Land Act 2010 and family nomination requirements.

• Intestate succession
• Nomination of heir
• Administration of estates
• Inheritance of landed property
• Land-inheritance
• Intestate-succession

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Machakela v Machakela (CIV/APN 603 of 12)

Machakela v Machakela (CIV/APN 603 of 12) [2018] LSHC 31 (16 September 2018)

Court

High Court

Case number

CIV/APN 603 of 12

The High Court of Lesotho dismissed an application over the estate of Sello Machakela, holding the estate was governed by Basotho customary law.

• Intestate succession
• Customary heirship
• Administration of estates
• Primogeniture
• Customary-law
• Intestate-succession

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Lepule v Lepule (C of A (CIV) 5 of 2013)

Lepule v Lepule (C of A (CIV) 5 of 2013) [2016] LSCA 3 (29 April 2016)

Court

Court of Appeal

Case number

C of A (CIV) 5 of 2013

The Court of Appeal of Lesotho dismissed an application to rescind its prior judgment, finding no proven fraud and no basis to reopen the appeal.

• Intestate succession
• Marriage in community of property
• Customary vs common law succession
• Rescission of judgment
• Rescission-of-judgment
• Intestate-succession

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