Kala v Kala and Another (CIV/A/ 15 of 99) [2000] LSCA 118 (13 November 2000)

Kala v Kala and Another (CIV/A/ 15 of 99) [2000] LSCA 118 (13 November 2000)

The magistrate's court lacked jurisdiction to entertain ejectment proceedings by way of application; such proceedings must be brought by way of action. The existence of a material dispute of fact further precluded the use of application procedure. The magistrate's order directing the parties to proceed by action and deferring costs was correct and just.

Citation
[2000] LSCA 118
Parties
Appellant: Mamokuena Kala; Respondent: Motlatsi Kala; Respondent: Osia Kala
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
13 November 2000
Case Number
CIV/A/ 15 of 99
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Ejectment, Jurisdiction of Magistrate's Court, Procedure by Application Vs Action, Dispute of Fact
Source Language
English
Civil Procedure Land Law Ejectment Jurisdiction of Magistrate's Court Procedure by Application Vs Action Dispute of Fact

Case Brief

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Parties

Mamokuena Kala

Appellant

Motlatsi Kala

Respondent

Osia Kala

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether ejectment proceedings can be instituted by way of application in the magistrate's court
  2. 2 Whether there was a material dispute of fact precluding application procedure
  3. 3 Effect of unwritten agreements regarding land occupation

Ratio Decidendi

The magistrate's court lacked jurisdiction to entertain ejectment proceedings by way of application; such proceedings must be brought by way of action. The existence of a material dispute of fact further precluded the use of application procedure. The magistrate's order directing the parties to proceed by action and deferring costs was correct and just.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed with costs.