Mapetla v Mapetla (LC/APN 14) [2016] LSHC 1 (14 June 2016)

Mapetla v Mapetla (LC/APN 14) [2016] LSHC 1 (14 June 2016)

Only objections going to subject matter jurisdiction can be raised after the first appearance; all other preliminary objections are deemed waived if not raised at the first court appearance. The Land Court has jurisdiction over the dispute as it concerns title to land under Section 73 of the Land Act 2010. The 1st Respondent's objections are dismissed as they were not timely raised and do not affect the validity of the judgment.

Citation
[2016] LSHC 1
Parties
Applicant: Doris Nkundlandle Mapetla; 1st Respondent: Aaron Mapetla; 2nd Respondent: Land Administration Authority; 3rd Respondent: O/C Maseru Central Charge Office; 4th Respondent: Commissioner of Police; 5th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 June 2016
Case Number
LC/APN 14
Procedural Posture
Land Dispute / Ruling on Preliminary Objections
Outcome
Preliminary objections dismissed with costs on attorney-and-own-client scale.
Legal Topics
Jurisdiction, Preliminary Objections, Prescription, Non Joinder, Locus Standi, Costs
Source Language
English
Land Law Civil Procedure Jurisdiction Preliminary Objections Prescription Non Joinder Locus Standi Costs

Case Brief

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Parties

Doris Nkundlandle Mapetla

Applicant

Aaron Mapetla

1st Respondent

Land Administration Authority

2nd Respondent

O/C Maseru Central Charge Office

3rd Respondent

Commissioner of Police

4th Respondent

Attorney General

5th Respondent

Procedural Posture

Land Dispute / Ruling on Preliminary Objections

Legal Issues

  1. 1 Whether preliminary objections not raised at first appearance can be entertained
  2. 2 Whether the Land Court has jurisdiction over the dispute
  3. 3 Whether the claim is prescribed

Ratio Decidendi

Only objections going to subject matter jurisdiction can be raised after the first appearance; all other preliminary objections are deemed waived if not raised at the first court appearance. The Land Court has jurisdiction over the dispute as it concerns title to land under Section 73 of the Land Act 2010. The 1st Respondent's objections are dismissed as they were not timely raised and do not affect the validity of the judgment.

Court Disposition

Preliminary objections dismissed with costs on attorney-and-own-client scale.

Orders

  • Points of law raised by 1st Respondent dismissed
  • Costs awarded to Applicant on attorney-and-own-client scale