Makhomo Thetsane V Moeketsi Thetsane & Ano. (LC/APN/0011/2022) [2024] LSHC 163 (22 March 2024)

Makhomo Thetsane V Moeketsi Thetsane & Ano. (LC/APN/0011/2022) [2024] LSHC 163 (22 March 2024)

The 1st respondent failed to prove the existence and terms of a valid sale agreement or payment of consideration. The applicant did not intend to transfer ownership to the 1st respondent, and any signatures were either forged or obtained by misrepresentation. Therefore, the transfer was null and void and ownership did not pass despite registration.

Citation
[2024] LSHC 163
Parties
Applicant: Makhomo Thetsane; 1st Respondent: Moeketsi Sabastian Thetsane; 2nd Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
22 March 2024
Case Number
LC/APN/0011/2022
Procedural Posture
Land Dispute (application) / Judgment After Hearing of Main Claim and Counterclaim
Outcome
Main claim partially granted; counterclaim dismissed.
Legal Topics
Fraudulent Transfer of Land, Cancellation of Deed of Transfer, Abstract Theory of Transfer of Ownership, Requirements of Real Agreement, Intention to Transfer Ownership, Burden of Proof in Civil Cases
Source Language
English
Property Law Land Law Civil Procedure Fraudulent Transfer of Land Cancellation of Deed of Transfer Abstract Theory of Transfer of Ownership Requirements of Real Agreement Intention to Transfer Ownership +1 more

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Parties

Makhomo Thetsane

Applicant

Moeketsi Sabastian Thetsane

1st Respondent

Land Administration Authority

2nd Respondent

Procedural Posture

Land Dispute (application) / Judgment After Hearing of Main Claim and Counterclaim

Legal Issues

  1. 1 Whether the applicant intended to transfer ownership of plot No. 12291-091 to the 1st respondent
  2. 2 Whether the transfer of rights was procured by fraud or misrepresentation
  3. 3 Whether a valid sale agreement existed between the parties

Ratio Decidendi

The 1st respondent failed to prove the existence and terms of a valid sale agreement or payment of consideration. The applicant did not intend to transfer ownership to the 1st respondent, and any signatures were either forged or obtained by misrepresentation. Therefore, the transfer was null and void and ownership did not pass despite registration.

Court Disposition

Main claim partially granted; counterclaim dismissed.

Orders

  • 1st respondent’s counterclaim dismissed
  • 1st respondent interdicted from collecting rent in No. 12291-091