Attorney General v Makara (CIV/APN 250 of 92) [1995] LSCA 5 (6 January 1995)

Attorney General v Makara (CIV/APN 250 of 92) [1995] LSCA 5 (6 January 1995)

The High Court lacks jurisdiction over ejectment actions where subordinate courts have jurisdiction, regardless of property value, and the applicant failed to comply with section 6 of the High Court Act No.5 of 1978.

Citation
[1995] LSCA 5
Parties
Applicant: Attorney General; Respondent: Jeanneth 'Malieketseng Makara
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
6 January 1995
Case Number
CIV/APN 250 of 92
Procedural Posture
Civil Application / Judgment
Outcome
Application dismissed with costs
Legal Topics
Ejectment, Jurisdiction, Compliance With Statutory Provisions
Source Language
English
Civil Procedure Land Law Ejectment Jurisdiction Compliance With Statutory Provisions

Case Brief

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Parties

Attorney General

Applicant

Jeanneth 'Malieketseng Makara

Respondent

Procedural Posture

Civil Application / Judgment

Legal Issues

  1. 1 Whether the High Court has jurisdiction to hear an ejectment action where the subordinate court has jurisdiction
  2. 2 Whether the applicant complied with section 6 of the High Court Act No.5 of 1978

Ratio Decidendi

The High Court lacks jurisdiction over ejectment actions where subordinate courts have jurisdiction, regardless of property value, and the applicant failed to comply with section 6 of the High Court Act No.5 of 1978.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed
  • Applicant to pay costs