Lehasa v Makoko and Others (CIV/APN/265/14) [2017] LSHC 13 (27 November 2017)

Applicant failed to establish a prima facie right as he is not a lawful heir to the Makoko estate, not being a Makoko by lineage or adoption, and thus cannot interdict the respondents from dealing with the estate property.

Citation: [2017] LSHC 13
Parties: Applicant: Thabo Lehasa; 1st Respondent: Taumane Makoko; 2nd Respondent: Mokhele Makoko; 3rd Respondent: Tsie Makoko
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 27 November 2017 27 November 2017 28 September 2017
Case Number: CIV/APN/265/14
Procedural Posture: Interlocutory Application / Judgment on Application for Interdict Pending Main Suit
Outcome: Application dismissed
Legal Topics: Interdicts, Customary Law Succession, Validity of Marriage, Inheritance Rights
Source Language: English

Succession Law Family Law Civil Procedure Interdicts Customary Law Succession Validity of Marriage Inheritance Rights

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 2 Authorities cited 2 Party arguments 2

Parties

Thabo Lehasa

Applicant

Taumane Makoko

1st Respondent

Mokhele Makoko

2nd Respondent

Tsie Makoko

3rd Respondent

Procedural Posture

Interlocutory Application / Judgment on Application for Interdict Pending Main Suit

Legal Issues

1 Whether applicant has a prima facie right to interdict respondents from dealing with estate property
2 Whether applicant is a lawful heir to the estate of Pheello Lehasa or Fani Makoko
3 Whether the marriage between Fani Makoko and Pheello Lehasa was valid

Ratio Decidendi

Court Disposition

Application dismissed