City Market (Pty) Ltd v Imran (CCT/A 1 of 2016) [2017] LSHC 13 (28 September 2017)

City Market (Pty) Ltd v Imran (CCT/A 1 of 2016) [2017] LSHC 13 (28 September 2017)

The respondent's title was supported by leases and deeds of transfer, and the appellants' subleases had expired. No valid competing title was presented. Non-joinder and alleged irregularities were not raised in the lower court and could not be considered on appeal. The Magistrate's order for ejectment was correct.

Citation
[2017] LSHC 13
Parties
Appellant: City Market (Pty) Ltd; Appellant: Mohammed Ayob Osman; Appellant: Hucster (Pty) Ltd; Respondent: Famida Imran; Respondent: Magistrate (Hlabanyane); Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
28 September 2017 27 November 2017 28 September 2017
Case Number
CCT/A 1 of 2016
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Ejectment, Ownership of Land, Sublease Expiration, Proof of Title, Costs
Source Language
English
Property Law Civil Procedure Ejectment Ownership of Land Sublease Expiration Proof of Title Costs

Case Brief

Summary, issues, holding and outcome

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Parties

City Market (Pty) Ltd

Appellant

Mohammed Ayob Osman

Appellant

Hucster (Pty) Ltd

Appellant

Famida Imran

Respondent

Magistrate (Hlabanyane)

Respondent

Attorney General

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Magistrate erred in law or fact in ordering ejectment of the appellants from the disputed plots
  2. 2 Whether the respondent had valid title to the property
  3. 3 Whether the appellants could raise non-joinder and irregularity of transfer on appeal

Ratio Decidendi

The respondent's title was supported by leases and deeds of transfer, and the appellants' subleases had expired. No valid competing title was presented. Non-joinder and alleged irregularities were not raised in the lower court and could not be considered on appeal. The Magistrate's order for ejectment was correct.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.
  • Costs of the appeal are awarded to the plaintiff on the attorney and client scale.