Pheko and Another v Pheko and Others (CIV/T 570 of 2002) [2014] LSHC 81 (15 August 2014)

Pheko and Another v Pheko and Others (CIV/T 570 of 2002) [2014] LSHC 81 (15 August 2014)

The court found that the Second Applicant's civil marriage to the deceased was valid as it complied with the Marriage Act, and no lawful impediment was proven. The Respondents failed to prove the existence of valid customary marriages. Therefore, the Second Applicant is the lawful heir, and subsequent marriages were void ab initio.

Citation
[2014] LSHC 81
Parties
Applicant: Paul Ramahetlane Pheko; Applicant: 'Mamatseliso Pheko; Respondent: Malefetsane Pheko; Respondent: 'Mateboho Pheko; Respondent: Mothethe Pheko
Court
High Court
Jurisdiction
Lesotho
Judgment Date
15 August 2014
Case Number
CIV/T 570 of 2002
Procedural Posture
Civil / Judgment
Outcome
Application granted
Legal Topics
Validity of Marriage, Heirship, Customary Marriage, Civil Marriage, Estate Administration
Source Language
English
Succession Law Family Law Validity of Marriage Heirship Customary Marriage Civil Marriage Estate Administration

Case Brief

Summary, issues, holding and outcome

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Parties

Paul Ramahetlane Pheko

Applicant

'Mamatseliso Pheko

Applicant

Malefetsane Pheko

Respondent

'Mateboho Pheko

Respondent

Mothethe Pheko

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether the Second Applicant's marriage to the deceased Timello Pheko was valid
  2. 2 Whether the Respondents have any right over the deceased's property
  3. 3 Who is the lawful heir of the deceased

Ratio Decidendi

The court found that the Second Applicant's civil marriage to the deceased was valid as it complied with the Marriage Act, and no lawful impediment was proven. The Respondents failed to prove the existence of valid customary marriages. Therefore, the Second Applicant is the lawful heir, and subsequent marriages were void ab initio.

Court Disposition

Application granted

Orders

  • Respondents are interdicted and restrained from using the property of the estate of the late Timello Pheko pending finalisation
  • A provisional executor is to be appointed pending appointment by the Master of the High Court