African Methodist Episcopal CHurch Lesotho V Bohlokoa Tenei & 2 Others (LC/APN/0024/2024) [2025] LSHC 54 (7 March 2025)

African Methodist Episcopal CHurch Lesotho V Bohlokoa Tenei & 2 Others (LC/APN/0024/2024) [2025] LSHC 54 (7 March 2025)

Given the unique circumstances where the determination of the case is holding up a significant development project, and the history of repeated delays in the lower court, the interests of justice require expeditious resolution. The application for removal is granted, but the court emphasizes that congested rolls alone are not sufficient grounds for transfer; there must be a proper factual basis justifying removal.

Citation
[2025] LSHC 54
Parties
Applicant: African Methodist Episcopal Church Lesotho; 1st Respondent: Bohlokoa Tenei; 2nd Respondent: Lefulesele Ngatane; 3rd Respondent: His Worship Magistrate Monethi
Court
High Court
Jurisdiction
Lesotho
Judgment Date
7 March 2025
Case Number
LC/APN/0024/2024
Procedural Posture
Land Dispute Application / Application for Removal From District Land Court to High Court
Outcome
application for removal granted
Legal Topics
Removal of Proceedings, Court Congestion, Expeditious Disposal, Judicial Discretion
Source Language
English
Land Law Civil Procedure Removal of Proceedings Court Congestion Expeditious Disposal Judicial Discretion

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2
Sign in to unlock

Parties

African Methodist Episcopal Church Lesotho

Applicant

Bohlokoa Tenei

1st Respondent

Lefulesele Ngatane

2nd Respondent

His Worship Magistrate Monethi

3rd Respondent

Procedural Posture

Land Dispute Application / Application for Removal From District Land Court to High Court

Legal Issues

  1. 1 Whether a transfer of a case from the lower court of competent jurisdiction to the High Court is permissible on account of the congested rolls of the lower court.

Ratio Decidendi

Given the unique circumstances where the determination of the case is holding up a significant development project, and the history of repeated delays in the lower court, the interests of justice require expeditious resolution. The application for removal is granted, but the court emphasizes that congested rolls alone are not sufficient grounds for transfer; there must be a proper factual basis justifying removal.

Court Disposition

application for removal granted

Orders

  • CIV/DLC/BRA/38/2022 is removed from the District Land Court and transferred to the Land Court Division of the High Court for determination.