Thabiso Mosao V Mabohlale Makakole & 3 Others (CIV/T/570/2023) [2023] LSHC 26 (12 December 2023)

Thabiso Mosao V Mabohlale Makakole & 3 Others (CIV/T/570/2023) [2023] LSHC 26 (12 December 2023)

The court lacks jurisdiction to entertain the plaintiff's claim for a declarator as customary heir because the procedure under section 14(4) of the Laws of Lerotholi, requiring family council arbitration, was not exhausted. The special plea of jurisdiction is upheld and the matter is dismissed for being prematurely before the court.

Citation
[2023] LSHC 26
Parties
Plaintiff: Thabiso Mosao; 1st Defendant: ’Mabohlale Makakole (nee Mosa Mosao); 2nd Defendant: ’Mathuso Kepa (nee Thato Mosao); 3rd Defendant: Master of the High Court; 4th Defendant: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 December 2023
Case Number
CIV/T/570/2023
Procedural Posture
Civil / Ruling on Special Plea of Jurisdiction
Outcome
Special plea of jurisdiction upheld; court declines jurisdiction; plaintiff to pay costs on ordinary scale.
Legal Topics
Heirship Dispute, Jurisdiction, Family Council Arbitration, Declaratory Orders
Source Language
English
Succession Law Customary Law Civil Procedure Heirship Dispute Jurisdiction Family Council Arbitration Declaratory Orders

Case Brief

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Parties

Thabiso Mosao

Plaintiff

’Mabohlale Makakole (nee Mosa Mosao)

1st Defendant

’Mathuso Kepa (nee Thato Mosao)

2nd Defendant

Master of the High Court

3rd Defendant

Attorney General

4th Defendant

Procedural Posture

Civil / Ruling on Special Plea of Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to declare the plaintiff as the customary heir before family council arbitration under section 14(4) of the Laws of Lerotholi
  2. 2 Whether the Administration of Estates and Inheritance Act No.2 of 2024 applies retrospectively to the present case

Ratio Decidendi

The court lacks jurisdiction to entertain the plaintiff's claim for a declarator as customary heir because the procedure under section 14(4) of the Laws of Lerotholi, requiring family council arbitration, was not exhausted. The special plea of jurisdiction is upheld and the matter is dismissed for being prematurely before the court.

Court Disposition

Special plea of jurisdiction upheld; court declines jurisdiction; plaintiff to pay costs on ordinary scale.

Orders

  • The court declines jurisdiction in this matter as it is prematurely before the court.
  • Plaintiff to bear the costs at an ordinary scale.