Moletsane v Sethati (C of A (CIV) 54 of 2013) [2014] LSCA 49 (24 October 2014)

Moletsane v Sethati (C of A (CIV) 54 of 2013) [2014] LSCA 49 (24 October 2014)

Once transfer of immovable property has been registered in favour of a purchaser in good faith and without notice of any defect, the sale in execution cannot be set aside, and the respondent failed to prove or allege bad faith or knowledge of defect on the part of the appellant.

Citation
[2014] LSCA 49
Parties
Appellant: Mafa Sechaba Moletsane; Respondent: ‘Mareekelitsoe Sethathi
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
24 October 2014
Case Number
C of A (CIV) 54 of 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal upheld
Legal Topics
Sale in Execution, Transfer of Immovable Property, Good Faith Purchaser, Setting Aside Sale, Onus of Proof
Source Language
English
Civil Procedure Property Law Sale in Execution Transfer of Immovable Property Good Faith Purchaser Setting Aside Sale Onus of Proof

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Parties

Mafa Sechaba Moletsane

Appellant

‘Mareekelitsoe Sethathi

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the sale in execution of immovable property can be set aside after registration of transfer to a purchaser in good faith and without notice of any defect.
  2. 2 Whether the legal requirements for sale in execution were complied with, including protection of dwelling house, payment of purchase price, and nulla bona return.

Ratio Decidendi

Once transfer of immovable property has been registered in favour of a purchaser in good faith and without notice of any defect, the sale in execution cannot be set aside, and the respondent failed to prove or allege bad faith or knowledge of defect on the part of the appellant.

Court Disposition

appeal upheld

Orders

  • The appeal is upheld with costs.
  • The order of the Court a quo is set aside.