Mapheko Pheko v Matokelo Pheko (C of A (CIV) 31 of 2013) [2013] LSCA 35 (18 October 2013)

Mapheko Pheko v Matokelo Pheko (C of A (CIV) 31 of 2013) [2013] LSCA 35 (18 October 2013)

The High Court erred in granting substantive orders (prayers 1 and 2) and remitting issues to the Central Court without pleadings, trial, or proper jurisdiction; the appeal was allowed and the matter referred back for further pleadings and trial.

Citation
[2013] LSCA 35
Parties
1st Appellant: 'Mapheko Pheko; 2nd Appellant: Tsikane Pheko; 3rd Appellant: Estate Mothethe Pheko; 4th Appellant: Tšepo Motsamai; Respondent: 'Matokelo Pheko
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
18 October 2013
Case Number
C of A (CIV) 31 of 2013
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Customary Marriage Dissolution, Jurisdiction of Courts, Exception Procedure, Division of Joint Estate
Source Language
English
Family Law Customary Law Civil Procedure Customary Marriage Dissolution Jurisdiction of Courts Exception Procedure Division of Joint Estate

Case Brief

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Parties

'Mapheko Pheko

1st Appellant

Tsikane Pheko

2nd Appellant

Estate Mothethe Pheko

3rd Appellant

Tšepo Motsamai

4th Appellant

'Matokelo Pheko

Respondent

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the High Court had jurisdiction to grant relief relating to the joint estate without leave
  2. 2 Whether the High Court could grant prayers 1 and 2 without pleadings and trial
  3. 3 Whether the High Court could remit issues to the Central Court

Ratio Decidendi

The High Court erred in granting substantive orders (prayers 1 and 2) and remitting issues to the Central Court without pleadings, trial, or proper jurisdiction; the appeal was allowed and the matter referred back for further pleadings and trial.

Court Disposition

Appeal allowed

Orders

  • Orders in paragraphs 1, 2, and 3 of the High Court order dated 16 May 2013 set aside
  • Matter referred back to the High Court for further pleadings and eventual trial