Thabiso Mosao V Mabohlale Makakole (Nee Mosa Mosao) & 3 Others (C of A (CIV) 09/2025) [2025] LSCA 9 (2 May 2025)

Thabiso Mosao V Mabohlale Makakole (Nee Mosa Mosao) & 3 Others (C of A (CIV) 09/2025) [2025] LSCA 9 (2 May 2025)

The High Court erred in conflating the question of heirship (status) with property disputes. Section 14(4) of the Laws of Lerotholi requires family arbitration only for property disputes, not for the determination of customary heirship. The High Court retains jurisdiction to declare status, and a party seeking such a declaration is not required to exhaust family arbitration as a precondition.

Citation
[2025] LSCA 9
Parties
Appellant: Thabiso Mosao; 1st Respondent: ‘Mabohlale Makakole (Nee Mosa Mosao); 2nd Respondent: ‘Mathuso Kepa (Nee Thato Mosao); 3rd Respondent: Master of the High Court; 4th Respondent: The Attorney General
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
2 May 2025
Case Number
C of A (CIV) 09/2025
Procedural Posture
Civil Appeal / Appeal From High Court Declining Jurisdiction
Outcome
appeal upheld
Legal Topics
Customary Heirship, Jurisdiction, Family Arbitration, Status Versus Property Disputes
Source Language
English
Customary Law Succession Customary Heirship Jurisdiction Family Arbitration Status Versus Property Disputes

Case Brief

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Parties

Thabiso Mosao

Appellant

‘Mabohlale Makakole (Nee Mosa Mosao)

1st Respondent

‘Mathuso Kepa (Nee Thato Mosao)

2nd Respondent

Master of the High Court

3rd Respondent

The Attorney General

4th Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Declining Jurisdiction

Legal Issues

  1. 1 Whether the High Court erred in declining to determine the appellant’s claim to customary heirship on the basis that the dispute should first have been referred to a family council

Ratio Decidendi

The High Court erred in conflating the question of heirship (status) with property disputes. Section 14(4) of the Laws of Lerotholi requires family arbitration only for property disputes, not for the determination of customary heirship. The High Court retains jurisdiction to declare status, and a party seeking such a declaration is not required to exhaust family arbitration as a precondition.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld.
  • The High Court's declining jurisdiction order is set aside.