Siblings in bitter court battle over inheritance land

Innocent Selatlhwa | Friday October 14, 2016 17:00

 

Four daughters of the late Jeremiah Kabomo and Gaogakwe Kabomo; Motlalepula Kabomo, Maureen Kabomo, Boikanyo Mathipa and Kgakana Kgabanyane want the court to declare that their brothers Sebati Kabomo and Segokgo Kabomo are not entitled to award themselves larger portions of the inherited family ploughing field situated at Kanngwe, Ngwaketse District. They say this is contrary to the family resolution on the division of the inheritance.

According to court papers, the two brothers gave themselves 101.7 hectares while their four sisters shared a combined 65.8 hectares of the land left by their late parents arguing that they spent money on it and they are male children. Justice Godfrey Nthomiwa is set to preside over the matter at the Lobatse High Court.

In her founding affidavit, Motlalepula states that after the parents passed on interstate they agreed that the field be divided into six equal portions. She said they also resolved that their brothers must submit the necessary applications for sub-dividing the ploughing field in six equal portions with the Mmathethe Sub-Land Board.

“Sometimes in 2012, they submitted an application to the Mmathethe Sub-Land Board for the ploughing field to be sub-divided. On or about the November 11, 2012, Mmathethe Sub-Land Board invited all of us to the ploughing field in order to sub-divide it,” she said. She said the Land Board officials did not measure the ploughing field prior to the sub-division and upon questioning told the sisters that Segokgo and Sebati have already marked the sub-divisions, which they advised was wrong.

Motlalepula said they tried over years to get the Sub-Land Board to issue them a sketch plan of the whole field and the divisions to ascertain that they were equal. She said it was only on November 11 2015, that Mmathethe Sub-Land Board availed a sketch plan to them showing the sub-divided ploughing field with measurements of each portion.

The sketch plan also showed the measurements and size of each portion allocated to each one of them. Motlalepula states that in the 167.5 hectares field, she was allocated 18.4 hectares, Mathipa was allocated 16.1 hectares, Kgakana Kgabanyane was allocated 15 hectares, Maureen was allocated 16.3 hectares, Segokgo was allocated 55.6 hectares and Sebati was allocated 46.1 hectares.

“I verily aver that my brothers’ unilateral alteration of the family resolution of sub-dividing the ploughing field into six equal parts and instead allocating themselves a lion’s share of the ploughing field was grossly unfair, unjust and prejudicial to me and my sisters who are entitled to inherit from the estate of our parents,” she said.

She states that it shocks her that, after benefiting the family house in Kanye, Segokgo went ahead and took an unreasonably larger portion of the ploughing field when the family has agreed to sub-divide the ploughing field in six equal portions so that all of them inherit an equal portion.

She said attempts to have the land divided still remained futile as the brothers now came up with reasons for having the lion’s share: That they have spent money fencing the ploughing field; That, they, as their sisters have never seen the ploughing field until on the November 11, 2012 when the Mmathethe Sub-Land Board did the sub-divisions; That they are the only surviving male children of their late parents and therefore entitled to larger portions as compared to the sisters.

She said they would not agree to be disinherited on the basis of gender. “I have been advised by my present attorneys, advise which I adopt and verily believe same to be true, that I and my sisters cannot be disinherited on the basis of our gender as our brothers’ claim. Therefore, I and my sisters are entitled to inherit equally from the estate of our late parents without prejudice and discrimination on the basis of our gender,” she wrote.

She added, as advised by her lawyers, if Ngwaketse Customary law provides for such discrimination and unfairness in the distribution of inheritance where parents have died intestate, such customary practice will not pass the constitutional muster.  She said meetings with uncles to try and amicably resolve the dispute did not bear fruit as the brothers insisted that they are the only male children, hence they are entitled to a larger portion of the ploughing field.

The sisters represented by Sekwenyane Legal Practice want the court to declare that the actions of Sebati and Segokgo to commission an unequal sub-division of the field contrary to the Kabomo family resolution was wrongful and unlawful and that they are entitled to an equal and fair portion of the inherited ploughing field as the legitimate children of the deceased.

The sisters want the court to instruct Ngwaketse Land Board to cancel any sub-division of the ploughing field registered by and in favour of their brothers and divide it in six equal portions in favour of all the children.