Mokgethi has been in a controversial legal battle with Masenya regarding the execution of the late Abdul Joseph's estate and was facing jail as Masenya accused her of not complying with orders directing that she give full account of the estate. Masenya is the granddaughter of the late Joseph and she has been challenging the legality of Joseph’s will that left her out in the cold. Mokgethi drew the will and was also appointed the executrix of the estate under the will. Now the Court of Appeal, when dealing with the contempt of court filed by Masenya, struck out the contempt application on grounds of jurisdiction. Justices Isaac Lesetedi, Lakavinder Sigh Walia and Mercy Garekwe agreed that the court was not a suitable one to hear contempt proceedings on two reasons being that first the court order being the subject of contempt was a High Court order and that there were disputes of facts between the parties.
Justice Lesetedi explained that the appeal they determined on August 6, 2021 was not on the merits of the order but merely on whether the applicant had a right to move the application for an accounting of the administration of the estate. “This court found in favour of her on that point and having done so, it merely confirmed the need for compliance with the order of the High Court and the time for compliance set by the court having lapsed before the hearing of the appeal, gave the respondent 30 days from the date of confirmation of the order to comply with that order,” he said.
