Maoeng v Maoeng (CIV/APN 217 of 11) [2013] LSHC 78 (27 November 2013)

Maoeng v Maoeng (CIV/APN 217 of 11) [2013] LSHC 78 (27 November 2013)

The return of service did not establish compliance with Rule 4 (1) and (5), creating doubt as to whether the applicant was served. The applicant has prospects of success as a customary heir, and the default judgment was set aside. The matter is to proceed to trial to determine the validity of the will and the capacity of the testator.

Citation
[2013] LSHC 78
Parties
Applicant: Karohano Maoeng; 1st Respondent: Mabuti Maoeng; 2nd Respondent: Master of the High Court; 3rd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
27 November 2013
Case Number
CIV/APN 217 of 11
Procedural Posture
Rescission Application / Judgment on Application for Rescission of Default Judgment
Outcome
Application for rescission granted; no order as to costs.
Legal Topics
Rescission of Judgment, Service of Process, Customary Law of Succession, Validity of Will
Source Language
English
Civil Procedure Succession Law Rescission of Judgment Service of Process Customary Law of Succession Validity of Will

Case Brief

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Parties

Karohano Maoeng

Applicant

Mabuti Maoeng

1st Respondent

Master of the High Court

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Rescission Application / Judgment on Application for Rescission of Default Judgment

Legal Issues

  1. 1 Whether there was proper service of process on the applicant as required by Rule 4 (1) and (5) of the High Court Rules
  2. 2 Whether the applicant, as a customary law heir, could be deprived of inheritance by will
  3. 3 Whether the default judgment should be set aside

Ratio Decidendi

The return of service did not establish compliance with Rule 4 (1) and (5), creating doubt as to whether the applicant was served. The applicant has prospects of success as a customary heir, and the default judgment was set aside. The matter is to proceed to trial to determine the validity of the will and the capacity of the testator.

Court Disposition

Application for rescission granted; no order as to costs.

Orders

  • The application for rescission is granted.
  • No order as to costs.