Senkhane v Morie and Others (LC/APN 2014) [2014] LSHC 99 (8 December 2014)

Senkhane v Morie and Others (LC/APN 2014) [2014] LSHC 99 (8 December 2014)

The prior judgment in CC/174/1987 by a competent court determined the title to the disputed field in favour of the 1st respondent. The parties or their privies were the same, and the issue of title was finally decided. The doctrine of res judicata applies, barring the present application.

Citation
[2014] LSHC 99
Parties
Applicant: 'Malipuo Senkhane; 1st Respondent: Makhakhe Morie; 2nd Respondent: Philemon Namane; 3rd Respondent: Lefu Kibi; 4th Respondent: Nonyane Monyamane; 5th Respondent: Thaba-Tseka Urban Council; 6th Respondent: Chief Ntaote Ntaote; 7th Respondent: Ministry of Local Government; 8th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 December 2014
Case Number
LC/APN 2014
Procedural Posture
Land Dispute / Preliminary Objection Ruling
Outcome
application struck out with costs
Legal Topics
Res Judicata, Title to Land, Interdicts
Source Language
English
Civil Procedure Land Law Res Judicata Title to Land Interdicts

Case Brief

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Parties

'Malipuo Senkhane

Applicant

Makhakhe Morie

1st Respondent

Philemon Namane

2nd Respondent

Lefu Kibi

3rd Respondent

Nonyane Monyamane

4th Respondent

Thaba-Tseka Urban Council

5th Respondent

Chief Ntaote Ntaote

6th Respondent

Ministry of Local Government

7th Respondent

Attorney General

8th Respondent

Procedural Posture

Land Dispute / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the doctrine of res judicata applies to bar the present application regarding ownership of the disputed field.

Ratio Decidendi

The prior judgment in CC/174/1987 by a competent court determined the title to the disputed field in favour of the 1st respondent. The parties or their privies were the same, and the issue of title was finally decided. The doctrine of res judicata applies, barring the present application.

Court Disposition

application struck out with costs

Orders

  • Application struck out with costs in terms of Rule 67(2) of the Land Court Rules, 2012.