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Succession law [2022] LSHC 75

Mahase v Khoabane (CIV/A/14/15 CC No. 110/07 & CC No.56/08)

Mahase v Khoabane (CIV/A/14/15 CC No. 110/07 & CC No.56/08) [2022] LSHC 75 (22 March 2022)

The respondent’s father was properly nominated as heir to the disputed properties in 1995 according to family resolutions and customary law. The appellant, being married into another family and not divorced, was disqualified from inheriting her parents’ property under customary law. The Form Cs issued were invalid but did not affect the respondent’s inheritance, as his nomination as heir was established. The appellant failed to prove her claim for damages.

  • Inheritance of immovable property
  • Customary law of succession
  • Validity of land allocation certificates
  • Married women's inheritance rights
  • Ngala custom
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Civil procedure [2013] LSHC 78

Maoeng v Maoeng (CIV/APN 217 of 11)

Maoeng v Maoeng (CIV/APN 217 of 11) [2013] LSHC 78 (27 November 2013)

The return of service did not establish compliance with Rule 4 (1) and (5), creating doubt as to whether the applicant was served. The applicant has prospects of success as a customary heir, and the default judgment was set aside. The matter is to proceed to trial to determine the validity of the will and the capacity of the testator.

  • Rescission of judgment
  • Service of process
  • Customary law of succession
  • Validity of will
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