Makibinyane Mohapeloa V Limpho Mohapeloa & 5 Others (LC/APN/0016/2023) [2024] LSHC 245 (25 October 2024)

Makibinyane Mohapeloa V Limpho Mohapeloa & 5 Others (LC/APN/0016/2023) [2024] LSHC 245 (25 October 2024)

The applicant’s claim is vindicatory in nature, asserting ownership rights and seeking restoration of possession or compensation for market value, not arising from a commercial or business relationship. The Land Court has jurisdiction to hear the dispute. The preliminary objection is dismissed.

Citation
[2024] LSHC 245
Parties
Applicant: Makibinyane Santos Mohapeloa; 1st Respondent: Tentenkie Limpho Mohapeloa; 2nd Respondent: Seqobeloa Moshoeshoe; 3rd Respondent: Maletsie Maphunye Moshoeshoe; 4th Respondent: First National Bank of Lesotho; 5th Respondent: The Registrar of Deeds; 6th Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 October 2024
Case Number
LC/APN/0016/2023
Procedural Posture
Originating Application / Ruling on Preliminary Objection
Outcome
Preliminary objection dismissed
Legal Topics
Jurisdiction, Rei Vindicatio, Transfer of Land Rights, Power of Attorney, Concurrent Jurisdiction
Source Language
English
Land Law Civil Procedure Jurisdiction Rei Vindicatio Transfer of Land Rights Power of Attorney Concurrent Jurisdiction

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Parties

Makibinyane Santos Mohapeloa

Applicant

Tentenkie Limpho Mohapeloa

1st Respondent

Seqobeloa Moshoeshoe

2nd Respondent

Maletsie Maphunye Moshoeshoe

3rd Respondent

First National Bank of Lesotho

4th Respondent

The Registrar of Deeds

5th Respondent

Land Administration Authority

6th Respondent

Procedural Posture

Originating Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the Land Court has jurisdiction over the applicant’s claim regarding transfer and disposal of land by his sister under power of attorney
  2. 2 Whether the claim arises from a commercial/business relationship or is vindicatory in nature

Ratio Decidendi

The applicant’s claim is vindicatory in nature, asserting ownership rights and seeking restoration of possession or compensation for market value, not arising from a commercial or business relationship. The Land Court has jurisdiction to hear the dispute. The preliminary objection is dismissed.

Court Disposition

Preliminary objection dismissed

Orders

  • Preliminary objection dismissed
  • No order as to costs