Holohlalele v Selebeleng and Others (C OF A (CIV) NO,28/2000 CIV/APN/305/2000)

Case No: 
CIV/APN/305/2000
Media Neutral Citation: 
[2001] LSHC 156
Judgment Date: 
12 October, 2001

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C OF A (CIV) NO,28/2000

IN THE APPEAL COURT OF LESOTHO


In the matter between:


HELD AT MASERU

CIV/APN/305/2000



MOSILI 'MAMONNAMOHOLO HLALELE APPLICANT

AND

SOPHIE LELAKA SELEBELENG 1st RESPONDENT

ZAKIA KOMPONAKAE SELEBELENG 2nd RESPONDENT

MOLEFI LUCAS SELEBELENG 3rd RESPONDENT


DEED OF SETTLEMENT


THIS AGREEMENT made between MOSILI HLALELE , hereinafter referred to as APPELLANT who is the heir to the estate of the deceased ALICE MAMOSILI HLALELE, and MOLEFI LUCAS SELEBELENG who is the heir to the estate of the deceased MOLEFI SELEBELENG hereinafter referred to as 3rd RESPONDENT


1.


WHEREAS

The Honourable Court has ordered that the parties should work towards an amicable settlement of the issue of the division of the estate of the deceased MOLEFI and ALICE SELEBELENG


2.


AND WHEREAS

The parties together with their respective lawyers have seen the property of the deceased, identified and agreed on the property which belonged jointly to the deceased MOLEFI AND ALICE SELEBELENG


IT IS NOW THEREFORE AGREED AND RECORDED THAT: COMPENSATION


  1. The estate of ALICE shall compensate the 3rd RESPONDENT for his half share of the rental collected by ALICE from the period she took possession of the estate until her death in 1997


  1. APPELLANT shall compensate 3rd RESPONDENT for half his share of the rental collected from the joint estate of MOLEFI and ALICE from 1997 when ALICE died to date. In evaluating rental rooms occupied by Appellant shall be included


  1. 3rd RESPONDENT shall compensate APPELLANT for the improvements (rough casting) made to the flats belonging to ALICE and MOLEFI


  1. 3rd RESPONDENT shall compensate APPELLANT for his (Respondent's) half share of the water bill from the date of occupancy by ALICE and MOSILI to date


  1. Evaluation of the land on which ALICE made improvement through the sublease agreement with the Chinese shall be made


  1. With effect from 1st November, Appellant and3rd Respondent shall share rent to the flats equally until such time the estate shall have been divided and each party compensated the other what is due to it.


THUS SIGNED AT MASERU ON THIS 12th DAY OF OCTOBER,2001 WITNESSES:


1.

SIGNATURE OF APPELLANT

2.


THUS SIGNED AT MASERU ON THIS 12th DAY OF OCTOBER,2001


1.

SIGNATURE 3rd OF RESPONDENT

2.