Ramakoala V Monts'o (CCA/0108/2021) [2023] LSHC 141 (14 September 2023)

Ramakoala V Monts'o (CCA/0108/2021) [2023] LSHC 141 (14 September 2023)

The application is dismissed because a material dispute of fact regarding the value of the house was foreseeable when the application was lodged, and motion proceedings are inappropriate in such circumstances.

Citation
[2023] LSHC 141
Parties
Applicant: ‘Mantoa Ramakoala; 1st Respondent: ‘Makhethang Montšo; 2nd Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
14 September 2023
Case Number
CCA/0108/2021
Procedural Posture
Civil Application / Judgment on Application
Outcome
Application dismissed with costs
Legal Topics
Dispute of Fact, Motion Proceedings, Dismissal of Application, Inheritance, Contract Cancellation
Source Language
English
Civil Procedure Dispute of Fact Motion Proceedings Dismissal of Application Inheritance Contract Cancellation

Case Brief

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Parties

‘Mantoa Ramakoala

Applicant

‘Makhethang Montšo

1st Respondent

Land Administration Authority

2nd Respondent

Procedural Posture

Civil Application / Judgment on Application

Legal Issues

  1. 1 Whether the application should be dismissed due to foreseeable material disputes of fact
  2. 2 Whether the applicant has locus standi to inherit the rights and interests in the property
  3. 3 Whether the agreement required installation of ceiling and electricity

Ratio Decidendi

The application is dismissed because a material dispute of fact regarding the value of the house was foreseeable when the application was lodged, and motion proceedings are inappropriate in such circumstances.

Court Disposition

Application dismissed with costs

Orders

  • Application dismissed with costs