The deceased, who passed away on 10 December 2009, had seven children. (The deceased's wife had passed away on 5 August 1985.) The deceased left behind 567m2 of land, 105m2 of which he had already bequested to another party. The plaintiffs did not object to this gift but objected to the defendant's occupation of the remaining 462m2 of land, as well as the semi-permanent home on the land. The plaintiffs sought from the court an equal distribution of the land between the parties, whereas the defendant claimed ownership of the land and property in dispute, submitting that they were gifted to her by the deceased prior to his passing.
Familial and local government efforts to resolve the dispute (the defendant was one of the deceased's children) proved to be in vain.
The court found that information provided by three of the witnesses had affirmed the claims of the defendant that the land and property had been gifted to her by the deceased before his passing. Accordingly, the court dismissed the plaintiffs' claim to inheritance and ordered them to pay costs.