Ramaisa v Ramakatane and Others (CIV\APN 443 of 95) [1998] LSCA 97 (23 September 1998)
The court upheld the points of law raised by the respondents, finding the applicant's claims unsustainable and dismissing the application with costs.
Source-derived case information.
- Citation
- [1998] LSCA 97
- Parties
- Applicant: Joshua Ramaisa; 1st Respondent: Jessie Ramakatane; 2nd Respondent: Mamohapi Martha Phalatsi; 3rd Respondent: The Commissioner of Lands; 4th Respondent: Lesotho Bank; 5th Respondent: The Registrar of Deeds; 6th Respondent: The Attorney General
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Case Number
- CIV\APN 443 of 95
- Procedural Posture
- Civil Application / Judgment on Points of Law
- Outcome
- Application dismissed
- Legal Topics
- Deed of Transfer, Minister's Consent, Hypothecation of Land, Registration of Hypothecation, Lease Transfer, Unlawful Occupation, Costs
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Joshua Ramaisa
Applicant
Jessie Ramakatane
1st Respondent
Mamohapi Martha Phalatsi
2nd Respondent
The Commissioner of Lands
3rd Respondent
Lesotho Bank
4th Respondent
The Registrar of Deeds
5th Respondent
The Attorney General
6th Respondent
Procedural Posture
Civil Application / Judgment on Points of Law
Legal Issues
- 1 Validity of Deed of Transfer marked 'JR3'
- 2 Validity of Minister's Consent accompanying 'JR3'
- 3 Validity of hypothecation of plot 13283-331 by 1st Respondent in favour of 4th Respondent
Ratio Decidendi
The court upheld the points of law raised by the respondents, finding the applicant's claims unsustainable and dismissing the application with costs.
Court Disposition
Application dismissed
Orders
- Points of law raised by respondents upheld with costs
Full Case Text
Judgment text and source record
1 paragraphs
1 CIV\APN\443\95 IN T HE H I GH C O U RT OF L E S O T HO In the Application of: J O S H UA R A M A I SA Applicant vs JESSIE R A M A K A T A NE M A M O H A PI M A R T HA P H A L A T SI T HE C O M M I S S I O N ER OF L A N DS L E S O T HO B A NK T HE R E G I S T R AR OF D E E DS T HE A T T O R N EY G E N E R AL 1st Respondent 2nd Respondent 3rd Respondent 4th Respondent 5th Respondent 6th Respondent J U D G M E NT On 2 3 rd S e p t e m b e r, 1 9 96 this C o u rt m a de the following order : " P o i n ts of l aw raised on behalf of the r e s p o n d e n ts are u p h e ld w i th costs. R e a s o ns for j u d g m e nt to follow". T h e se are n ow the reasons s p o k en of :- T he applicant h ad obtained on 7th D e c e m b er 1 9 95 a Rule Nisi returnable on 18th D e c e m b er 1 9 95 calling u p on the R e s p o n d e n ts to s h ow c a u s e, if a n y, w hy 1. (a) T he D e ed of Transfer m a r k ed " J R 3" a nd a n n e x ed to the applicant's founding affidavit shall not be declared null a nd void a nd of no force a nd effect; (b) T he Minister's C o n s e nt a c c o m p a n y i ng " J R 3" shall not be declared invalid a nd of no force a nd effect; (c) the purported hypothecation of land described as plot n u m b er 1 3 2 8 3 - 3 31 situate at Cathedral A r e a, M a s e ru U r b an A r ea by the 1st R e s p o n d e nt in favour of the 4th R e s p o n d e nt shall not be declared invalid a nd of no force a nd effect; (d) T he registering of the said hypothecation by the 5th R e s p o n d e nt shall not be declared of no legal force a nd effect; (e) A c o py of L e a se N o. 1 3 2 8 3 - 3 31 a n n e x ed hereto a nd m a r k ed " J R 2" shall not be declared sufficient to pass transfer of the land f r om the 2 nd R e s p o n d e nt to the Applicant; (f) T he 1st R e s p o n d e n t 's occupation of the land a nd p r e m i s es situate thereon shall not be declared unlawful; (g) T he 1st R e s p o n d e nt shall not be ordered forthwith to vacate the land a nd premises situate thereon, (h) T he 1st R e s p o n d e nt shall not be ordered to p ay the costs of this application on the scale as b e t w e en attorney a nd client, the