Thaele v Nkomo (CIV/A 28 of 2008) [2012] LSHC 41 (25 April 2012)

Thaele v Nkomo (CIV/A 28 of 2008) [2012] LSHC 41 (25 April 2012)

The appeal failed because the inspection in loco and oral evidence consistently supported the Respondent's ownership, the documentary evidence was properly disregarded as the authors did not testify, and the probabilities favoured the Respondent.

Citation
[2012] LSHC 41
Parties
Defendant: 'Mamorapeli Thaele; Plaintiff: 'Mathabo Nkomo
Court
High Court
Jurisdiction
Lesotho
Judgment Date
25 April 2012
Case Number
CIV/A 28 of 2008
Procedural Posture
Civil Appeal / Final Appellate Judgment
Outcome
appeal dismissed with costs
Legal Topics
Ownership of Land, Prescription, Evidentiary Weight, Inspection in Loco
Source Language
English
Land Law Ownership of Land Prescription Evidentiary Weight Inspection in Loco

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

'Mamorapeli Thaele

Defendant

'Mathabo Nkomo

Plaintiff

Procedural Posture

Civil Appeal / Final Appellate Judgment

Legal Issues

  1. 1 Whether the Respondent proved ownership of the disputed field
  2. 2 Whether the lower courts erred in their findings based on the evidence and inspection in loco
  3. 3 Whether documentary evidence not supported by oral testimony should be given weight

Ratio Decidendi

The appeal failed because the inspection in loco and oral evidence consistently supported the Respondent's ownership, the documentary evidence was properly disregarded as the authors did not testify, and the probabilities favoured the Respondent.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal is dismissed with costs to the Respondent.