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Lesotho Case Law

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Property law [2019] LSCA 4

Malefane v Ramajoana (C of A (CIV) 12 of 2018)

Malefane v Ramajoana (C of A (CIV) 12 of 2018) [2019] LSCA 4 (31 May 2019)

The Court of Appeal of Lesotho upheld the cancellation of a land transfer, holding that the power of attorney was invalid and the transfer unlawful.

  • Transfer of land
  • Power of attorney
  • Fraudulent transfer
  • Statutory compliance
  • Land-transfer
  • Power-of-attorney
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Land law [2016] LSCA 26

Ramaphike v Malumane (C of A (CIV) 28 of 2016)

Ramaphike v Malumane (C of A (CIV) 28 of 2016) [2016] LSCA 26 (28 October 2016)

Court of Appeal held the respondent failed to prove a lawful 1980 land allocation, so the appellant’s appeal against ejectment succeeded.

  • Allocation of land
  • Ejectment
  • Statutory compliance
  • Title to land
  • Land-law
  • Land-allocation
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Commercial law [2005] LSCA 2

Motlomelo and Mathe and Others (C of A (CIV) 21 of 2004)

Motlomelo and Mathe and Others (C of A (CIV) 21 of 2004) [2005] LSCA 2 (20 April 2005)

The Court of Appeal of Lesotho held that an unregistered partnership agreement is not valid or enforceable if it does not comply with the Partnerships Proclamation 78 of 1957.

  • Partnership
  • Statutory compliance
  • Common law
  • Registration of partnership
  • Statutory-compliance
  • Registration-of-partnership
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Insurance law [1998] LSCA 29

Lephole v Lesotho National Iinsurance Company and Others (CIV/T 601 of 92)

Lephole v Lesotho National Iinsurance Company and Others (CIV/T 601 of 92) [1998] LSCA 29 (17 March 1998)

The requirement to furnish an affidavit under the Motor Vehicle Insurance Order is peremptory, but the court found that the plaintiff's conduct amounted to substantial compliance as there was no wilful withholding or deliberate obstruction, and the insurer was not prejudiced. Therefore, the special plea based on non-compliance was dismissed.

  • Motor vehicle insurance
  • Third party claims
  • Statutory compliance
  • Affidavit requirement
  • Substantial compliance
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Insurance law [1982] LSCA 74

Sekhonde v Lesotho National Insurance Co (C of A (CIV) 3 of 1981)

Sekhonde v Lesotho National Insurance Co (C of A (CIV) 3 of 1981) [1982] LSCA 74 (11 October 1982)

The Lesotho Court of Appeal held that a claimant substantially complied with statutory claim-form requirements despite submitting a medical certificate instead of the prescribed report.

  • Motor vehicle insurance
  • Statutory compliance
  • Substantial compliance
  • Personal injury claims
  • Substantial-compliance
  • Motor-vehicle-insurance
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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.