Molapo v Gama (LC/A 8) [2019] LSHC 37 (4 November 2019)

Molapo v Gama (LC/A 8) [2019] LSHC 37 (4 November 2019)

The distribution of the disputed landed property to the respondent without nomination by the surviving family members as required by section 15 of the Land Act 2010 and the Land Regulations 2011 is invalid. The executor had no authority to unilaterally designate heirs to landed property in disregard of the mandatory provisions of the Land Act. The alleged donation to the appellants was not proved.

Citation
[2019] LSHC 37
Parties
1st Appellant: ‘Maselomo Molapo; 2nd Appellant: Peete Molapo; Respondent: Motsatsi Gama (nee Molapo)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
4 November 2019
Case Number
LC/A 8
Procedural Posture
Appeal / Judgment
Outcome
Appeal upheld; judgment of the lower court set aside.
Legal Topics
Intestate Succession, Nomination of Heir, Administration of Estates, Inheritance of Landed Property
Source Language
English
Land Law Succession Law Intestate Succession Nomination of Heir Administration of Estates Inheritance of Landed Property

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 14 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

‘Maselomo Molapo

1st Appellant

Peete Molapo

2nd Appellant

Motsatsi Gama (nee Molapo)

Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the distribution of landed property to the respondent without nomination by surviving family members is valid under the Land Act 2010
  2. 2 Whether the executor had power to designate heirs to landed property in disregard of the Land Act 2010
  3. 3 Whether the alleged donation of property to the appellants was proved

Ratio Decidendi

The distribution of the disputed landed property to the respondent without nomination by the surviving family members as required by section 15 of the Land Act 2010 and the Land Regulations 2011 is invalid. The executor had no authority to unilaterally designate heirs to landed property in disregard of the mandatory provisions of the Land Act. The alleged donation to the appellants was not proved.

Court Disposition

Appeal upheld; judgment of the lower court set aside.

Orders

  • Application dismissed
  • Nomination of an heir to the disputed property can only be made by the surviving family members of the deceased as required by the Land Act 2010