Title to real property

Lephatsa NO V First National Bank (CCT/0142/2017) [2021]LSHC 46 (26 October 2021);

Share
Search Summary: 

SUMMARY

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

COMMERCIAL DIVISION

Held at Maseru

CCT/0142/2017

 

In the matter between:

 

LINEO MASALOME LEPHATSA NO                                      APPLICANT

(The Curator Bonis of Estate of the

late Mabote Noosi Fanana)

                                        

 And