Makhanya v Pheko (CIV/T 313 of 2011) [2012] LSHC 2 (9 February 2012)

Makhanya v Pheko (CIV/T 313 of 2011) [2012] LSHC 2 (9 February 2012)

The deed of sale between applicant and defendant was invalid and of no effect due to non-compliance with section 36(5) of the Land Act, as Ministerial consent was not obtained. Therefore, the defendant remained the owner and the attachment and sale in execution were lawful.

Source-derived case information.

Citation
[2012] LSHC 2
Parties
Applicant: Green Bird Construction and Civils (Pty) Ltd; 1st Respondent: Likotsi Makhanya; 2nd Respondent: The Deputy Sheriff (Mrs Pakisi); Plaintiff: Likotsi Makhanya; Defendant: Maleetsane Pheko
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 February 2012
Case Number
CIV/T 313 of 2011
Procedural Posture
Civil / Ruling on Application to Set Aside Attachment and Stay Execution
Outcome
Application dismissed with costs
Legal Topics
Attachment of Immovable Property, Sale of Land, Ministerial Consent Under Land Act, Default Judgment
Source Language
english
Property Law Civil Procedure Attachment of Immovable Property Sale of Land Ministerial Consent Under Land Act Default Judgment

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Parties

Green Bird Construction and Civils (Pty) Ltd

Applicant

Likotsi Makhanya

1st Respondent

The Deputy Sheriff (Mrs Pakisi)

2nd Respondent

Likotsi Makhanya

Plaintiff

Maleetsane Pheko

Defendant

Procedural Posture

Civil / Ruling on Application to Set Aside Attachment and Stay Execution

Legal Issues

  1. 1 Whether the deed of sale between applicant and defendant was valid without Ministerial consent under section 36(5) of the Land Act
  2. 2 Whether the attachment and sale in execution of the property was lawful

Ratio Decidendi

The deed of sale between applicant and defendant was invalid and of no effect due to non-compliance with section 36(5) of the Land Act, as Ministerial consent was not obtained. Therefore, the defendant remained the owner and the attachment and sale in execution were lawful.

Court Disposition

Application dismissed with costs

Orders

  • Application to set aside attachment and stay execution is dismissed with costs.