Malebohang Seholoholo V Tommy Rasethunt'sa & 10 Others (LC/APN/0002/2023) [2024] LSHC 230 (6 September 2024)

Malebohang Seholoholo V Tommy Rasethunt'sa & 10 Others (LC/APN/0002/2023) [2024] LSHC 230 (6 September 2024)

Applicant failed to prove valid title as the Form C was issued under a repealed law by a local chief without authority in an urban area; no evidence of fraud or error in the issuance of the impugned leases; all legal procedures for inheritance and lease issuance were followed by the 1st respondent.

Citation
[2024] LSHC 230
Parties
Applicant: Malebohang Seholoholo; 1st Respondent: Tommy Rasethunts’a; 2nd Respondent: Lipalesa Sebilo; 3rd Respondent: Thato Joyce Makhetha; 4th Respondent: Lethale Israel Lethale; 5th Respondent: Tanta Jeanett Rasethunts’a; 6th Respondent: Agnes Mateele Makhetha; 7th Respondent: John Makhetha Makhetha; 8th Respondent: Maseru City Council; 9th Respondent: Land Administration Authority; 10th Respondent: Registrar of Deeds; 11th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
6 September 2024
Case Number
LC/APN/0002/2023
Procedural Posture
Vindicatory Action / Judgment
Outcome
Application dismissed with costs
Legal Topics
Ejectment, Title to Land, Cancellation of Leases, Allocation of Land, Inheritance
Source Language
English
Land Law Ejectment Title to Land Cancellation of Leases Allocation of Land Inheritance

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Parties

Malebohang Seholoholo

Applicant

Tommy Rasethunts’a

1st Respondent

Lipalesa Sebilo

2nd Respondent

Thato Joyce Makhetha

3rd Respondent

Lethale Israel Lethale

4th Respondent

Tanta Jeanett Rasethunts’a

5th Respondent

Agnes Mateele Makhetha

6th Respondent

John Makhetha Makhetha

7th Respondent

Maseru City Council

8th Respondent

Land Administration Authority

9th Respondent

Registrar of Deeds

10th Respondent

Attorney General

11th Respondent

Procedural Posture

Vindicatory Action / Judgment

Legal Issues

  1. 1 Whether the applicant proved valid title to the disputed land
  2. 2 Whether the impugned leases were wrongfully or fraudulently issued

Ratio Decidendi

Applicant failed to prove valid title as the Form C was issued under a repealed law by a local chief without authority in an urban area; no evidence of fraud or error in the issuance of the impugned leases; all legal procedures for inheritance and lease issuance were followed by the 1st respondent.

Court Disposition

Application dismissed with costs

Orders

  • Applicant’s claim is dismissed with costs