Administration of estates – curator bonis seeking return of landed property to the estate – landed property transferred by surviving spouse to son more than 2 ½ years before appointment of curator – property bonded with Bank and thereafter sold and bought at a public auction – whether surviving spouse had no right to transfer property to her son or the latter had no right to pledge it as security for loan by the Bank – locus standi of curator bonis to rescind judgment and cancel the sale of property – Administration of Estates Proclamation, 1935 section 57; Land Act 2010 sections 10 and 35; Legal Capacity of Married Persons Act, 2006 sections 5 and 9.
IN THE HIGH COURT OF LESOTHO
Held at Maseru
In the matter between:
LINEO MASALOME LEPHATSA NO APPLICANT
(The Curator Bonis of Estate of the
late Mabote Noosi Fanana)