Makhapetla Mabote V Maseru City Council & Ano. (CIV/A/0009/2022) [2024] LSHC 235 (12 June 2024)

Makhapetla Mabote V Maseru City Council & Ano. (CIV/A/0009/2022) [2024] LSHC 235 (12 June 2024)

The District Land Court lacks jurisdiction to grant pre-emption rights over unallocated land as such rights are not recognized under the Land Act 2010. The reliefs sought are incompetent in land law, and the court cannot grant what the law prohibits.

Citation
[2024] LSHC 235
Parties
Appellant: Makhapetla Mabote; 1st Respondent: Maseru City Council; 2nd Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 June 2024
Case Number
CIV/A/0009/2022
Procedural Posture
Civil Appeal / Judgment After Appeal
Outcome
appeal dismissed with costs
Legal Topics
Jurisdiction, Pre Emption Rights, Mandamus, Land Allocation, Statutory Interpretation
Source Language
English
Land Law Administrative Law Jurisdiction Pre Emption Rights Mandamus Land Allocation Statutory Interpretation

Case Brief

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Parties

Makhapetla Mabote

Appellant

Maseru City Council

1st Respondent

Land Administration Authority

2nd Respondent

Procedural Posture

Civil Appeal / Judgment After Appeal

Legal Issues

  1. 1 Whether the District Land Court had jurisdiction to entertain a claim for pre-emption rights over unallocated land
  2. 2 Whether pre-emption rights are cognizable under the Land Act 2010
  3. 3 Whether the reliefs sought (declarator and mandamus) are competent in land law

Ratio Decidendi

The District Land Court lacks jurisdiction to grant pre-emption rights over unallocated land as such rights are not recognized under the Land Act 2010. The reliefs sought are incompetent in land law, and the court cannot grant what the law prohibits.

Court Disposition

appeal dismissed with costs

Orders

  • The appeal is dismissed with costs.