Moliehi Maneo Ntene (nee Ramakau) v Sello Ramakau (CIV/APN 321 of 2013) [2014] LSHC 3 (1 April 2014)

Moliehi Maneo Ntene (nee Ramakau) v Sello Ramakau (CIV/APN 321 of 2013) [2014] LSHC 3 (1 April 2014)

The respondent, being born out of wedlock and not legitimized by subsequent marriage of his parents, has no right to inherit from his biological father's estate. The family properly nominated the applicant as heir, and this nomination is confirmed by the court.

Source-derived case information.

Citation
[2014] LSHC 3
Parties
Applicant: Moliehi ‘Maneo Ntene (nee Ramakau); Respondent: Sello Ramakau
Court
High Court
Jurisdiction
Lesotho
Judgment Date
1 April 2014
Case Number
CIV/APN 321 of 2013
Procedural Posture
Civil Application / Judgment
Outcome
Application granted; rule confirmed; no order as to costs.
Legal Topics
Intestate Succession, Heir Nomination, Legitimacy of Children, Inheritance Rights of Children Born Out of Wedlock
Source Language
english
Succession Law Family Law Intestate Succession Heir Nomination Legitimacy of Children Inheritance Rights of Children Born Out of Wedlock

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Parties

Moliehi ‘Maneo Ntene (nee Ramakau)

Applicant

Sello Ramakau

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether a child born out of wedlock can inherit from his biological father's estate in the absence of marriage between the parents
  2. 2 Whether a family ritual or acceptance can legitimize a child for inheritance purposes
  3. 3 Who is the rightful heir to the estate of the deceased parents

Ratio Decidendi

The respondent, being born out of wedlock and not legitimized by subsequent marriage of his parents, has no right to inherit from his biological father's estate. The family properly nominated the applicant as heir, and this nomination is confirmed by the court.

Court Disposition

Application granted; rule confirmed; no order as to costs.

Orders

  • Applicant confirmed as heir to her parents’ estate
  • No order as to costs