Molejane v Molejane and Others (CIV/APN 209 of 2012) [2012] LSHC 23 (23 May 2012)

Molejane v Molejane and Others (CIV/APN 209 of 2012) [2012] LSHC 23 (23 May 2012)

The deceased's body shall be buried at the matrimonial home at Ha Moholisa, Maputsoe, as per Sesotho custom and the wishes of the lawful wife. The applicant's marriage is declared putative due to her bona fide belief in its validity. Assets and benefits are to be divided according to the parties' respective contributions and rights, with specific policies and accounts awarded to the applicant, and terminal benefits divided equally.

Citation
[2012] LSHC 23
Parties
Applicant: ‘Mateboho Molejane; 1st Respondent: ‘Makholu Molejane; 2nd Respondent: Ramasimong Molejane; 3rd Respondent: Metropolitan Lesotho Ltd; 4th Respondent: Master of the High Court; 5th Respondent: Teaching Service Department; 6th Respondent: Standard Lesotho Bank; 7th Respondent: Attorney-General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
23 May 2012
Case Number
CIV/APN 209 of 2012
Procedural Posture
Family Law Application / Judgment
Outcome
Application partly allowed; orders granted as specified.
Legal Topics
Burial Rights, Putative Marriage, Division of Estate, Customary Vs Civil Marriage, Succession of Benefits
Source Language
English
Family Law Succession Law Customary Law Burial Rights Putative Marriage Division of Estate Customary Vs Civil Marriage Succession of Benefits

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Parties

‘Mateboho Molejane

Applicant

‘Makholu Molejane

1st Respondent

Ramasimong Molejane

2nd Respondent

Metropolitan Lesotho Ltd

3rd Respondent

Master of the High Court

4th Respondent

Teaching Service Department

5th Respondent

Standard Lesotho Bank

6th Respondent

Attorney-General

7th Respondent

Procedural Posture

Family Law Application / Judgment

Legal Issues

  1. 1 Who has the right to determine the burial place of the deceased husband?
  2. 2 What is the legal status of the applicant's marriage to the deceased?
  3. 3 How should the deceased's estate and benefits be distributed between the parties?

Ratio Decidendi

The deceased's body shall be buried at the matrimonial home at Ha Moholisa, Maputsoe, as per Sesotho custom and the wishes of the lawful wife. The applicant's marriage is declared putative due to her bona fide belief in its validity. Assets and benefits are to be divided according to the parties' respective contributions and rights, with specific policies and accounts awarded to the applicant, and terminal benefits divided equally.

Court Disposition

Application partly allowed; orders granted as specified.

Orders

  • The body of the late Makalo Benedict Molejane shall be buried at Ha Moholisa, Maputsoe, the matrimonial home of deceased and the First Respondent.
  • The marriage between deceased Makalo Benedict Molejane and ‘Mateboho ‘Mampinane Molejane is declared a putative marriage.