Makotoko and Another v Lesotho Development and Construction (Pty) Ltd (C of A (CIV) 57 of 2013) [2014] LSCA 28 (24 October 2014)

Makotoko and Another v Lesotho Development and Construction (Pty) Ltd (C of A (CIV) 57 of 2013) [2014] LSCA 28 (24 October 2014)

The respondent is a bona fide possessor entitled to compensation for improvements and a lien; rentals received from improvements do not reduce the compensation due.

Source-derived case information.

Citation
[2014] LSCA 28
Parties
1st Appellant: Bereng Makotoko; 2nd Appellant: Lesotho Poultry and Cooperative Society; Respondent: Lesotho Development and Construction (Pty) Ltd
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
24 October 2014
Case Number
C of A (CIV) 57 of 2013
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
Appeal dismissed with costs
Legal Topics
Bona Fide Possessor, Compensation for Improvements, Lien, Deduction of Rentals From Compensation
Source Language
english
Property Law Civil Procedure Bona Fide Possessor Compensation for Improvements Lien Deduction of Rentals From Compensation

Source-derived case record

Summary, issues, holding and outcome

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Parties

Bereng Makotoko

1st Appellant

Lesotho Poultry and Cooperative Society

2nd Appellant

Lesotho Development and Construction (Pty) Ltd

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent is a bona fide possessor entitled to compensation and a lien for improvements made to the property
  2. 2 Whether rentals received from improvements must be deducted from compensation due for improvements

Ratio Decidendi

The respondent is a bona fide possessor entitled to compensation for improvements and a lien; rentals received from improvements do not reduce the compensation due.

Court Disposition

Appeal dismissed with costs

Orders

  • The appeal is dismissed with costs