Hata-Butle (Pty) Ltd v Felix Petroleum (PTY)Ltd (CIV/A 18 of 2017) [2019] LSHC 6 (25 March 2019)

Hata-Butle (Pty) Ltd v Felix Petroleum (PTY)Ltd (CIV/A 18 of 2017) [2019] LSHC 6 (25 March 2019)

Plaintiff failed to provide evidence of ownership of the property, a critical element for an ejectment claim. There was also insufficient evidence regarding defendant’s occupation. Therefore, the Magistrate’s decision to grant absolution from the instance was correct.

Citation
[2019] LSHC 6
Parties
Plaintiff: Hata-Butle (Pty) Ltd; Defendant: Felix Petrolium (Pty) Ltd
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 March 2019
Case Number
CIV/A 18 of 2017
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Absolution From the Instance, Ejectment, Proof of Ownership
Source Language
English
Civil Procedure Property Law Absolution From the Instance Ejectment Proof of Ownership

Case Brief

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Parties

Hata-Butle (Pty) Ltd

Plaintiff

Felix Petrolium (Pty) Ltd

Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the plaintiff proved ownership of the property to sustain an ejectment claim
  2. 2 Whether the Magistrate correctly granted absolution from the instance at the close of plaintiff’s case

Ratio Decidendi

Plaintiff failed to provide evidence of ownership of the property, a critical element for an ejectment claim. There was also insufficient evidence regarding defendant’s occupation. Therefore, the Magistrate’s decision to grant absolution from the instance was correct.

Court Disposition

appeal dismissed with costs

Orders

  • Appellant’s appeal is dismissed with costs.