Mphalali v Mphalali and Others (C of A (CIV) No 15/2003 CIV/APN/260/2003)

Case No: 
CIV/APN/260/2003
Media Neutral Citation: 
[2003] LSHC 118
Judgment Date: 
10 October, 2003

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IN THE COURT OF APPEAL OF LESOTHO


Held at Maseru

C of A (CIV) No 15/2003

CIV/APN/260/2003


In the matter between:

SETOROI MPHALALI Appellant

and

SALEMANE MPHALALI First Respondent

NEDBANK LESOTHO LIMITED Second Respondent

STANDARD BANK LESOTHO LIMITED Third Respondent

LESOTHO BANK 1999 LIMITED Fourth Respondent

TRAFFIC DEPARTMENT OF THE Fifth Respondent

MINISTRY OF TRAFFIC AND TRANSPORT

MASTER OF THE HIGH COURT Sixth Respondent

ATTORNEY-GENERAL Seventh Respondent


Date of hearing : 6fh October 2003

Date of judgment : 10th October 2003


CORAM: Steyn P

Grosskopf JA

Melunsky JA


2


ORDER


GROSSKOPF JA:


In this matter the appellant and first respondent have reached agreement on the terms set forth in a deed of settlement dated 6 October 2003and annexed hereto marked "A" ("the deed of settlement").


It is recorded:


1. that whereas the parties have accepted the validity of the last will and testament of 'Masalemane Rosa Mphalali ("the deceased") dated 22 December 1983 and annexed to the opposing affidavit of the first respondent ("the will");


2. that whereas Mr Machobane Mothambo has been appointed by the deceased in her will as a joint executor and administrator of her estate and that he has accepted such appointment;


3. that whereas Ms Moroesi Tau has consented to be appointed as the other joint executor and administrator in the place of Mr Charles Dube Molapo who has died since his appointment by the deceased as a joint executor and administrator;

4. that whereas the Master has consented to the appointment of Mr Machobane Mothambo and Ms Moroesi Tau as administrators in the estate of the deceased, that they will not be required to provide security.


Now therefore the following order is made:


1. The deed of settlement marked "A" is made an order of Court


2. The first respondent is ordered to deliver the last will and testament of the late 'Masalemane Rosa Mphalali dated 22 December 1983 forthwith to the Master of the High Court.


3. The Master of the High Court is directed to appoint Mr. Machobane Mothambo and Ms Moroesi Tau as the joint executors and administrators of the estate of the late 'Masalemane Rosa Mphalali and to grant them letters of administration.


4. The said joint executors and administrators are directed to administer the estate of the late 'Masalemane Rosa Mphalali in terms of her last will and testament and in accordance with the provisions of the Administration of Estates Proclamation 19 of 1935.


FH GROSSKOPF

Judge of Appeal


I agree


J H STEYN

President


I agree


L S MELUNSKY

Judge of Appeal