Motloheloa Kibinye V 'Malefa Lekaka (CIV/APN/0232/2022) [2023] LSHC 83 (25 April 2023)

Motloheloa Kibinye V 'Malefa Lekaka (CIV/APN/0232/2022) [2023] LSHC 83 (25 April 2023)

The marriage between Tankiso Kibinye and the 1st Respondent was void ab initio as it did not meet the requirements of a valid seantlo marriage, given that the deceased wife had children and the 1st Respondent was aware of the subsisting customary marriage. The civil marriage was also void as Tankiso was not a bachelor. The estate is to be administered under intestate succession laws.

Citation
[2023] LSHC 83
Parties
Applicant: Motloheloa Willy Kibinye; 1st Respondent: ‘Malefa Mampe Lekaka; 2nd Respondent: Master of High Court of Lesotho; 3rd Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 April 2023
Case Number
CIV/APN/0232/2022
Procedural Posture
Originating Motion / Application / Judgment After Viva Voce Evidence
Outcome
Application granted in part; marriage between Tankiso Kibinye and 1st Respondent declared void ab initio; estate to be administered under intestate succession laws; no order as to costs.
Legal Topics
Validity of Customary Marriage, Seantlo Marriage, Intestate Succession, Putative Marriage, Civil Marriage During Subsistence of Customary Marriage
Source Language
English
Family Law Customary Law Succession Validity of Customary Marriage Seantlo Marriage Intestate Succession Putative Marriage Civil Marriage During Subsistence of Customary Marriage

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 9 Party arguments 2
Sign in to unlock

Parties

Motloheloa Willy Kibinye

Applicant

‘Malefa Mampe Lekaka

1st Respondent

Master of High Court of Lesotho

2nd Respondent

Attorney General

3rd Respondent

Procedural Posture

Originating Motion / Application / Judgment After Viva Voce Evidence

Legal Issues

  1. 1 Whether there was a valid customary marriage between Tankiso Kibinye and Mamotselisi Kibinye
  2. 2 Whether there was a valid seantlo marriage between Tankiso Kibinye and the 1st Respondent
  3. 3 Who is the heir to the property of the late Tankiso Kibinye

Ratio Decidendi

The marriage between Tankiso Kibinye and the 1st Respondent was void ab initio as it did not meet the requirements of a valid seantlo marriage, given that the deceased wife had children and the 1st Respondent was aware of the subsisting customary marriage. The civil marriage was also void as Tankiso was not a bachelor. The estate is to be administered under intestate succession laws.

Court Disposition

Application granted in part; marriage between Tankiso Kibinye and 1st Respondent declared void ab initio; estate to be administered under intestate succession laws; no order as to costs.

Orders

  • Marriage between late Tankiso Kibinye and 1st Respondent declared void ab initio and of no legal effect.
  • 1st Respondent restrained from dealing with, withdrawing or accessing monies in the deceased’s Nedbank South Africa account.