Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024) [2024] LSHC 20 (26 November 2024)

Mosa Mosao & Ano. Thabiso Mosao (CIV/APN/0192/2024) [2024] LSHC 20 (26 November 2024)

The High Court lacks jurisdiction to hear the matter before the applicants have exhausted the procedures and remedies set out in Regulations 43 and 44 of the Land Regulations 2011. The applicants must await the allocating authority's determination of their objection before approaching the court.

Citation
[2024] LSHC 20
Parties
1st Applicant: Mosa Mosao; 2nd Applicant: Thato Mosao; 1st Respondent: Thabiso Joseph Mosao; 2nd Respondent: Mona Andreas Ralepoma; 3rd Respondent: Mosuoe Ralepoma; 4th Respondent: Magdalena Ralepoma; 5th Respondent: Malipolelo Ralepoma; 6th Respondent: Maseru City Council; 7th Respondent: Land Administration Authority; 8th Respondent: Ministry of Trade and Industry; 9th Respondent: The Master of High Court; 10th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
26 November 2024
Case Number
CIV/APN/0192/2024
Procedural Posture
Civil Application / Ruling on Jurisdiction
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Inheritance of Land, Jurisdiction, Exhaustion of Administrative Remedies, Family Council Decisions, Review of Administrative Action
Source Language
English
Land Law Succession Law Administrative Law Inheritance of Land Jurisdiction Exhaustion of Administrative Remedies Family Council Decisions Review of Administrative Action

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Parties

Mosa Mosao

1st Applicant

Thato Mosao

2nd Applicant

Thabiso Joseph Mosao

1st Respondent

Mona Andreas Ralepoma

2nd Respondent

Mosuoe Ralepoma

3rd Respondent

Magdalena Ralepoma

4th Respondent

Malipolelo Ralepoma

5th Respondent

Maseru City Council

6th Respondent

Land Administration Authority

7th Respondent

Ministry of Trade and Industry

8th Respondent

The Master of High Court

9th Respondent

The Attorney General

10th Respondent

Procedural Posture

Civil Application / Ruling on Jurisdiction

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear an inheritance dispute before exhaustion of procedures under Regulations 43 and 44 of the Land Regulations 2011
  2. 2 Whether parties can bypass the allocating authority's process and approach the court directly

Ratio Decidendi

The High Court lacks jurisdiction to hear the matter before the applicants have exhausted the procedures and remedies set out in Regulations 43 and 44 of the Land Regulations 2011. The applicants must await the allocating authority's determination of their objection before approaching the court.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • The Court declines jurisdiction to hear the matter.
  • The application is dismissed for lack of jurisdiction.