Malefetsane Tlali V Retselisitsoe Phoofolo & 2 Others (LC/A/17/2019) [2024] LSHC 22 (30 October 2024)

Malefetsane Tlali V Retselisitsoe Phoofolo & 2 Others (LC/A/17/2019) [2024] LSHC 22 (30 October 2024)

Regulations 43 and 44 of Land Regulations, 2011 do not apply to claims for compensation arising from expropriation, as expropriation extinguishes title and only compensation rights accrue; the court a quo erred by focusing on inheritance compliance instead of entitlement to compensation.

Citation
[2024] LSHC 22
Parties
Appellant: Malefetsane Tlali; 1st Respondent: Retselisitsoe Phoofolo; 2nd Respondent: Metolong Authority; 3rd Respondent: The Clerk of Court
Court
High Court
Jurisdiction
Lesotho
Judgment Date
30 October 2024
Case Number
LC/A/17/2019
Procedural Posture
Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Expropriation, Compensation, Inheritance, Land Rights
Source Language
English
Property Law Administrative Law Expropriation Compensation Inheritance Land Rights

Case Brief

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Parties

Malefetsane Tlali

Appellant

Retselisitsoe Phoofolo

1st Respondent

Metolong Authority

2nd Respondent

The Clerk of Court

3rd Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether non-compliance with Regulations 43 and 44 of Land Regulations, 2011 governing inheritance is determinative and fatal to the claim for compensation for expropriation.
  2. 2 Whether the appellant or 1st respondent is entitled to compensation for expropriation of the disputed land.

Ratio Decidendi

Regulations 43 and 44 of Land Regulations, 2011 do not apply to claims for compensation arising from expropriation, as expropriation extinguishes title and only compensation rights accrue; the court a quo erred by focusing on inheritance compliance instead of entitlement to compensation.

Court Disposition

appeal allowed

Orders

  • Order of the Court a quo granted on 29 October 2019 is set aside.
  • Matter remitted to the Court a quo before a different Magistrate to investigate and determine entitlement to compensation.