Crown v Khoromeng (CRI/A 10 of 10) [2013] LSHC 103 (19 September 2013)

Crown v Khoromeng (CRI/A 10 of 10) [2013] LSHC 103 (19 September 2013)

The accused was not lawfully allocated the site; a recommendation is not a letter of allocation nor does it confer title. The accused's occupation was unlawful, and the acquittal by the magistrate was erroneous. The appeal succeeded and the accused was found guilty on all counts.

Citation
[2013] LSHC 103
Parties
Appellant: Crown; Respondent: Tebello Khoromeng
Court
High Court
Jurisdiction
Lesotho
Judgment Date
19 September 2013
Case Number
CRI/A 10 of 10
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed; accused found guilty on all counts.
Legal Topics
Unlawful Occupation of Land, Contempt of Court, Destruction of Survey Marks, Encroachment on Road Reserve, Allocation of Land, Bona Fide Occupation
Source Language
English
Land Law Criminal Law Unlawful Occupation of Land Contempt of Court Destruction of Survey Marks Encroachment on Road Reserve Allocation of Land Bona Fide Occupation

Case Brief

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Parties

Crown

Appellant

Tebello Khoromeng

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether a recommendation amounts to lawful allocation of land
  2. 2 Whether the accused was a bona fide occupier
  3. 3 Whether the acquittal on all counts by the magistrate was justified

Ratio Decidendi

The accused was not lawfully allocated the site; a recommendation is not a letter of allocation nor does it confer title. The accused's occupation was unlawful, and the acquittal by the magistrate was erroneous. The appeal succeeded and the accused was found guilty on all counts.

Court Disposition

Appeal allowed; accused found guilty on all counts.

Orders

  • Accused to pay a fine of M500.00 and vacate the site within 30 days for count I.
  • Accused to pay a fine of M100.00 for count II.