Khitione v Botanical Oils (Pty) Ltd (CCA/0005/2021) [2022] LSHC 60 (18 August 2022)

Khitione v Botanical Oils (Pty) Ltd (CCA/0005/2021) [2022] LSHC 60 (18 August 2022)

The sublease agreements are null and void for failure to obtain ministerial consent and register as required by section 24 of the Deeds Registry Act 1967. Occupation and use of the land by the 1st respondent without proper authority is unlawful. The applicants are entitled to cancellation of the agreements and eviction of the 1st respondent.

Citation
[2022] LSHC 60
Parties
1st Applicant: Nthoateng Khitione; 2nd Applicant: Mamahali Makhotla; 3rd Applicant: Maseipone Thamae; 4th Applicant: Pitso Masilonyane; 5th Applicant: Masenekane Tšiu; 6th Applicant: Mookameli Ramakau; 7th Applicant: Mathapelo Ramakau; 8th Applicant: Tšotleho Ntšoeu; 1st Respondent: Botanical Oils (Pty) Ltd; 2nd Respondent: Commissioner of Lands and Administration Authority; 3rd Respondent: Registrar General Deeds Registry; 4th Respondent: Law Office; 5th Respondent: Mohlakeng A05 Community Council; 6th Respondent: Ministry of Local Government and Chieftainship Affairs; 7th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
18 August 2022
Case Number
CCA/0005/2021
Procedural Posture
Civil (property Law Commercial Division) / Judgment After Hearing on Merits
Outcome
Application allowed. Sublease agreements cancelled and declared null and void. Eviction and interdict granted. Costs awarded to applicants.
Legal Topics
Sublease Agreements, Deeds Registration, Ministerial Consent, Nullity of Unregistered Leases, Eviction
Source Language
English
Property Law Land Law Contract Law Sublease Agreements Deeds Registration Ministerial Consent Nullity of Unregistered Leases Eviction

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Parties

Nthoateng Khitione

1st Applicant

Mamahali Makhotla

2nd Applicant

Maseipone Thamae

3rd Applicant

Pitso Masilonyane

4th Applicant

Masenekane Tšiu

5th Applicant

Mookameli Ramakau

6th Applicant

Mathapelo Ramakau

7th Applicant

Tšotleho Ntšoeu

8th Applicant

Botanical Oils (Pty) Ltd

1st Respondent

Commissioner of Lands and Administration Authority

2nd Respondent

Registrar General Deeds Registry

3rd Respondent

Law Office

4th Respondent

Mohlakeng A05 Community Council

5th Respondent

Ministry of Local Government and Chieftainship Affairs

6th Respondent

Attorney General

7th Respondent

Procedural Posture

Civil (property Law Commercial Division) / Judgment After Hearing on Merits

Legal Issues

  1. 1 Whether sublease agreements not registered in terms of section 24 of the Deeds Registry Act 1967 and without ministerial consent are null and void
  2. 2 Whether occupation and use of land by the 1st respondent without proper authority is lawful
  3. 3 Whether the applicants are entitled to cancellation of the sublease agreements and eviction of the 1st respondent

Ratio Decidendi

The sublease agreements are null and void for failure to obtain ministerial consent and register as required by section 24 of the Deeds Registry Act 1967. Occupation and use of the land by the 1st respondent without proper authority is unlawful. The applicants are entitled to cancellation of the agreements and eviction of the 1st respondent.

Court Disposition

Application allowed. Sublease agreements cancelled and declared null and void. Eviction and interdict granted. Costs awarded to applicants.

Orders

  • The sublease agreements between applicants and 1st respondent are cancelled and declared null and void.
  • The 1st respondent is evicted from the applicants' fields at Ha-Khitione, Ha Mofoka, Maseru.