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Lesotho Case Law

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Property law [2024] LSHC 22

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)

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.

  • Expropriation
  • Compensation
  • Inheritance
  • Land rights
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Customary law [2014] LSHC 39

Sekhobe v Sekhobe (CIV/A 37 of 12)

Sekhobe v Sekhobe (CIV/A 37 of 12) [2014] LSHC 39 (27 February 2014)

The appeal was dismissed because the appellant failed to join the customary law heir, who had a direct and substantial interest in the land, and failed to demonstrate his own credentials to inherit under customary law.

  • Joinder of parties
  • Inheritance
  • Land rights
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Property law [2013] LSCA 23

Haroon Abdulla Mahomed v KPMG Harley and Morris Joint Venture NO (Liquidators of Lesotho Bank) and Others (C of A (CIV) 34 of 2013)

Haroon Abdulla Mahomed v KPMG Harley and Morris Joint Venture NO (Liquidators of Lesotho Bank) and Others (C of A (CIV) 34 of 2013) [2013] LSCA 23 (18 October 2013)

Court of Appeal of Lesotho decision on a double sale of leasehold rights: the first purchaser was entitled to specific performance, and the appeal failed.

  • Double sale
  • Specific performance
  • Land rights
  • Equitable remedies
  • Double-sale
  • Specific-performance
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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.