Dispute over deceased’s house spills into court

A raging family dispute over a house left by a deceased Maseru woman has spilled into the Matala Local Court.

A 59-year-old man, Mankoe Tšoana-matsie, has approached the court seeking an order to expel his nephew, Nthane Koeshe, from the home of his (Mankoe) late mother, Josephine Tšoana-matsie.

The Matala courtroom was on Tuesday this week filled with tension as both sides presented their arguments, shedding light on a complex web of family dynamics and traditional customs.

Mankoe, the plaintiff, recounted the circumstances that led to Nthane’s presence in his mother’s home. He explained that Nthane, the son of his sister Lerato Tšoana-matsie, had moved in after his mother returned home following a failed marriage to Nthane’s father, Thabo Koeshe.

Mankoe argued that the family had convened and decided that Nthane should vacate the premises, citing that the Koeshe family had not lawfully or traditionally handed him over to the Tšoana-matsie family.

Mankoe submitted that Nthane’s stay was merely a mercy granted by the deceased Josephine.

He also accused Nthane of disrespecting the Koeshe family, claiming that he had been expelled from his paternal home due to his bad behaviour.

He also stated that Nthane, now a grown man, had engaged in a physical altercation with him and another man who was assisting him to expel the defendant. This had resulted in him sustaining some injuries that led to him suing his nephew.

Mankoe further claimed that Nthane was also in conflict with his mother over rent for a property in the same yard.

The defendant had also been selling family belongings without consent, which he documented in a list and a letter from the family stating that Nthane should leave. This was presented as evidence in court, labelled as Exhibit A.

In response, Nthane recounted how he had come to live with his grandmother Josephine at the tender age of two, alongside his mother.

Nthane asserted that before her passing, Josephine had expressed her wishes to the village chief, Khotso Koeane, stating that she wanted all her children and grandchildren to consider her home as theirs.

Chief Koeane corroborated Nthane’s account, revealing that Josephine had sought his guidance on formalising her wishes just three months prior to her death. Unfortunately, she passed away before she could draft a written declaration that would have solidified her intentions, he noted.

In her judgement, court president Ntsala dismissed Mankoe’s case.

She ruled that Mankoe lacked the authority to expel Nthane, as the deceased had not appointed him as the custodian of the house.

Ntsala urged the family to come together, with the village chief’s assistance, to determine who would be responsible for the property moving forward.

She acknowledged Nthane’s claim to remain at the home but reiterated that he needed to present a written will from Josephine to validate his position.

This ruling left the courtroom in a state of contemplation, as both parties grappled with the implications of the decision.

Mankoe was informed of his right to reopen the case if he believed there were grounds to do so, leaving the door open for further legal action.