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

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.

Citation
[2014] LSHC 39
Parties
Appellant: Makhobalo Sekhobe; Respondent: Lepolesa Sekhobe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
27 February 2014
Case Number
CIV/A 37 of 12
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Joinder of Parties, Inheritance, Land Rights
Source Language
English
Customary Law Civil Procedure Joinder of Parties Inheritance Land Rights

Case Brief

Summary, issues, holding and outcome

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Parties

Makhobalo Sekhobe

Appellant

Lepolesa Sekhobe

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant established a clear right to the residential site
  2. 2 Whether the non-joinder of the customary law heir was fatal to the proceedings
  3. 3 Whether the appellant was qualified to inherit the land under customary law

Ratio Decidendi

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.

Court Disposition

appeal dismissed

Orders

  • Judgment of the trial court upheld on grounds of non-joinder and lack of inheritance credentials
  • No order as to costs