Mahase v Khoabane (CIV/A/14/15 CC No. 110/07 & CC No.56/08) [2022] LSHC 75 (22 March 2022)

Mahase v Khoabane (CIV/A/14/15 CC No. 110/07 & CC No.56/08) [2022] LSHC 75 (22 March 2022)

The respondent’s father was properly nominated as heir to the disputed properties in 1995 according to family resolutions and customary law. The appellant, being married into another family and not divorced, was disqualified from inheriting her parents’ property under customary law. The Form Cs issued were invalid but did not affect the respondent’s inheritance, as his nomination as heir was established. The appellant failed to prove her claim for damages.

Citation
[2022] LSHC 75
Parties
Appellant: ‘Mamoseki Mahase; Respondent: Chacho Khoabane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 March 2022
Case Number
CIV/A/14/15 CC No. 110/07 & CC No.56/08
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Inheritance of Immovable Property, Customary Law of Succession, Validity of Land Allocation Certificates, Married Women's Inheritance Rights, Ngala Custom
Source Language
English
Succession Law Land Law Customary Law Inheritance of Immovable Property Customary Law of Succession Validity of Land Allocation Certificates Married Women's Inheritance Rights Ngala Custom

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Parties

‘Mamoseki Mahase

Appellant

Chacho Khoabane

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent’s father was appointed as heir to the disputed properties in 1995
  2. 2 Whether Forms Cs are valid and relevant in determining proper heirship
  3. 3 Whether the appellant’s marital status affects her right to inherit parental property

Ratio Decidendi

The respondent’s father was properly nominated as heir to the disputed properties in 1995 according to family resolutions and customary law. The appellant, being married into another family and not divorced, was disqualified from inheriting her parents’ property under customary law. The Form Cs issued were invalid but did not affect the respondent’s inheritance, as his nomination as heir was established. The appellant failed to prove her claim for damages.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal in both matters dismissed with costs