Manthabiseng Lepule v Teboho Lepule (C of A (CIV) 5 of 13) [2013] LSCA 4 (19 April 2013)

Manthabiseng Lepule v Teboho Lepule (C of A (CIV) 5 of 13) [2013] LSCA 4 (19 April 2013)

The appellant, as widow married in community of property, is entitled by law to succeed to her deceased husband's landed property under s 8(2)(a) of the Land Act 1979 as amended; the respondent's own consent to her nomination as heir and the non-joinder of an interested party (eldest son) further support dismissal of the respondent's claim.

Citation
[2013] LSCA 4
Parties
Appellant: ‘Manthabiseng Lepule; Respondent: Teboho Lepule
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
19 April 2013
Case Number
C of A (CIV) 5 of 13
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; cross-appeal dismissed
Legal Topics
Widow's Succession Rights, Community of Property, Customary Law Vs Statutory Law, Non Joinder of Interested Parties
Source Language
English
Succession Law Land Law Widow's Succession Rights Community of Property Customary Law Vs Statutory Law Non Joinder of Interested Parties

Case Brief

Summary, issues, holding and outcome

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Parties

‘Manthabiseng Lepule

Appellant

Teboho Lepule

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the widow is entitled to succeed to her deceased husband's landed property under the Land (Amendment) Act 1992
  2. 2 Whether the respondent (son) should be declared heir to the deceased's estate
  3. 3 Whether non-joinder of an interested party (eldest son) is fatal to the proceedings

Ratio Decidendi

The appellant, as widow married in community of property, is entitled by law to succeed to her deceased husband's landed property under s 8(2)(a) of the Land Act 1979 as amended; the respondent's own consent to her nomination as heir and the non-joinder of an interested party (eldest son) further support dismissal of the respondent's claim.

Court Disposition

appeal allowed; cross-appeal dismissed

Orders

  • The appellant’s appeal is upheld with costs and the judgment of the court a quo is altered to read: 'The application is dismissed with costs.'
  • The respondent’s cross-appeal is dismissed with costs.