Mamphuto Jessie V Executrix Estate Mohapi Jessie & 2 Others (C of A (CIV/REV) No 02/2025) [2025] LSCA 47 (7 November 2025)

Mamphuto Jessie V Executrix Estate Mohapi Jessie & 2 Others (C of A (CIV/REV) No 02/2025) [2025] LSCA 47 (7 November 2025)

The review application was dismissed because the applicants failed to meet the stringent test for the apex court's review jurisdiction. The issue of a trust inter vivos was not a live controversy before the High Court or on appeal, and the applicants have an alternative remedy in pending High Court proceedings. The erroneous reference to a non-existent statute did not affect the outcome or cause injustice.

Citation
[2025] LSCA 47
Parties
1st Appellant: Mamphutho Jessie; 2nd Appellant: Mphuto Jessie; 1st Respondent: Executrix: Estate of Mohapi Jessie; 2nd Respondent: Master of the High Court; 3rd Respondent: The Attorney General
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
7 November 2025
Case Number
C of A (CIV/REV) No 02/2025
Procedural Posture
Civil Review / Application for Review of Final Judgment by Apex Court
Outcome
Review application dismissed
Legal Topics
Review of Judgments, Freedom of Testation, Trust Inter Vivos Vs Mortis Causa, Finality of Litigation, Costs in Estate
Source Language
English
Civil Procedure Succession Law Trusts Review of Judgments Freedom of Testation Trust Inter Vivos Vs Mortis Causa Finality of Litigation Costs in Estate

Case Brief

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Parties

Mamphutho Jessie

1st Appellant

Mphuto Jessie

2nd Appellant

Executrix: Estate of Mohapi Jessie

1st Respondent

Master of the High Court

2nd Respondent

The Attorney General

3rd Respondent

Procedural Posture

Civil Review / Application for Review of Final Judgment by Apex Court

Legal Issues

  1. 1 Whether the apex court can review its own final judgment on grounds of patent error or gross injustice
  2. 2 Whether the divorce order created a trust inter vivos or mortis causa
  3. 3 Whether the issue of trust inter vivos was properly before the High Court or on appeal

Ratio Decidendi

The review application was dismissed because the applicants failed to meet the stringent test for the apex court's review jurisdiction. The issue of a trust inter vivos was not a live controversy before the High Court or on appeal, and the applicants have an alternative remedy in pending High Court proceedings. The erroneous reference to a non-existent statute did not affect the outcome or cause injustice.

Court Disposition

Review application dismissed

Orders

  • The review application is dismissed.
  • Costs shall be in the estate.