Sebophe v Sebophe (CIV/A 1 of 2011) [2012] LSHC 66 (14 September 2012)

Sebophe v Sebophe (CIV/A 1 of 2011) [2012] LSHC 66 (14 September 2012)

The allocation of the two fields to the appellant was not proper as the first wife and the heir were not consulted, and granting the appellant the two fields would deprive the heir of the greater share of the estate, contrary to section 14(1) of the Laws of Lerotholi.

Citation
[2012] LSHC 66
Parties
Appellant: ‘MAMORATUOA SEBOPHE; Respondent: SECHABA SEBOPHE
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 September 2012
Case Number
CIV/A 1 of 2011
Procedural Posture
Civil Appeal / Judgment
Outcome
appeal dismissed
Legal Topics
Inheritance, Allocation of Fields, Heir Rights, Polygamous Marriage
Source Language
English
Succession Law Customary Law Inheritance Allocation of Fields Heir Rights Polygamous Marriage

Case Brief

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Parties

‘MAMORATUOA SEBOPHE

Appellant

SECHABA SEBOPHE

Respondent

Procedural Posture

Civil Appeal / Judgment

Legal Issues

  1. 1 Whether the allocation of two fields to the appellant was properly made under customary law
  2. 2 Whether such allocation deprived the heir of the greater part of his father's estate

Ratio Decidendi

The allocation of the two fields to the appellant was not proper as the first wife and the heir were not consulted, and granting the appellant the two fields would deprive the heir of the greater share of the estate, contrary to section 14(1) of the Laws of Lerotholi.

Court Disposition

appeal dismissed

Orders

  • No order as to costs