CoA seals landmark inheritance judgement
Nnasaretha Kgamanyane | Tuesday August 5, 2014 12:43
Shortly after the man’s death, his siblings took over his property and denied his children any right to it.
Their claim was that they did not know the children – that their brother did not have any children. However the courts, first the Customary Court ruled in the children’s favour.
The man’s siblings appealed to the Customary Court of Appeal. Yet again the children won. Undaunted, the deceased man’s siblings approached the High Court, which finally ruled in their favour.
However, last week the Court of Appeal reversed the High Court ruling, finally putting to rest the matter, which has dragged on for four years. Three CoA judges Elijah Legwaila, Isaac Lesetedi and Craig Howie all concurred.
When passing judgment, CoA Justice Elijah Legwaila said it was evident that Baone Kealeboga and her siblings were Charles Kehumile’s biological children. Consequently, the High Court’s decision to deny the children and the mother any claim to the deceased’s estate went against the customary law and should be quashed, he said.
“In my view the judge erred in overruling the Customary Court of Appeal’s decision. By basing its findings on the same evidence which both the Customary Court and Customary Court of Appeal dismissed as irrelevant to the case,” he said.
The aspect of the case that the customary courts had dismissed as irrelevant was the contention by Kehumile’s siblings, Tidimalo and Tlhokomelang that their brother was not legally married to the children’s mother Keamogetse Kealeboga and as such they were not entitled to his estate.
In his ruling High Court Judge Singh Walia had concurred with the siblings that their brother was indeed not married to Kealeboga under customary law and that the children were not entitled to inherit from the deceased. However, the Court of Appeal held otherwise and clarified under customary law that the children were the rightful heirs: “…It is … clear that the court erred in denying the children the right to inherit their father’s estate therefore the judgment of the court will be set aside and the decision of the Customary Court of Appeal reinstated with some modifications”, he said.
The CoA thus ordered that all properties that belonged to Charles Kehumile including those in the list held by the Customary Court of Appeal and all money at banks should be made available to Baone Kealeboga and his siblings.
Also, that if there was anyone still holding anything belonging to the late Charles Kehumile, the persons should contact Headman Dennis Mosielele who shall in turn take them to the Chief’s representative where they would be recorded and officially handed to the caretaker.