Litsietsti Selimo V Principal Secretary Ministry of Education & 3 Others. (C of A (CIV) No 37/2024) [2024] LSCA 31 (1 November 2024)

Litsietsti Selimo V Principal Secretary Ministry of Education & 3 Others. (C of A (CIV) No 37/2024) [2024] LSCA 31 (1 November 2024)

The statutory arbitration mechanisms under the Land Administration Authority Act and Land Survey Act apply only to disputes regarding land parcel boundaries and cadastral complaints, not to disputes over title to land. The Land Court's jurisdiction is not delayed or ousted in matters concerning title to land.

Citation
[2024] LSCA 31
Parties
Appellant: LitsiEtsi Selimo; 1st Respondent: Principal Secretary of Ministry of Education; 2nd Respondent: Ministry of Education & Training; 3rd Respondent: Thaba-Tseka Technical Institute (TTI); 4th Respondent: Attorney General; 5th Respondent: Mosiuoa Holomo; 6th Respondent: Mamamello Holomo; 7th Respondent: Thaba-Tseka Urban Council
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
1 November 2024
Case Number
C of A (CIV) No 37/2024
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Jurisdiction, Arbitration, Title to Land, Administrative Remedies
Source Language
English
Land Law Civil Procedure Jurisdiction Arbitration Title to Land Administrative Remedies

Case Brief

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Parties

LitsiEtsi Selimo

Appellant

Principal Secretary of Ministry of Education

1st Respondent

Ministry of Education & Training

2nd Respondent

Thaba-Tseka Technical Institute (TTI)

3rd Respondent

Attorney General

4th Respondent

Mosiuoa Holomo

5th Respondent

Mamamello Holomo

6th Respondent

Thaba-Tseka Urban Council

7th Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the Land Court's jurisdiction is delayed or ousted by statutory arbitration mechanisms under the Land Administration Authority Act and Land Survey Act
  2. 2 Whether the dispute concerns title to land or land parcel boundaries

Ratio Decidendi

The statutory arbitration mechanisms under the Land Administration Authority Act and Land Survey Act apply only to disputes regarding land parcel boundaries and cadastral complaints, not to disputes over title to land. The Land Court's jurisdiction is not delayed or ousted in matters concerning title to land.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed.
  • There is no order as to costs.