Setuka v Setuka (CIV/APN/102/2018) [2022] LSHC 16 (28 February 2022)

Setuka v Setuka (CIV/APN/102/2018) [2022] LSHC 16 (28 February 2022)

The High Court lacks jurisdiction to determine disputes relating to rights to land and heirship to immovable property; such matters fall within the exclusive jurisdiction of the Land Courts as provided by statute and case law.

Citation
[2022] LSHC 16
Parties
Applicant: Mathai Setuka; 1st Respondent: Mahali Nkotsi (Matsepiso Setuka); 2nd Respondent: Thabiso Setuka; 3rd Respondent: Litjotjela Municipal Council; 4th Respondent: Ministry of Local Government & Chieftainship Affairs; 5th Respondent: Master of the High Court; 6th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
28 February 2022
Case Number
CIV/APN/102/2018
Procedural Posture
Civil Application / Ruling on Preliminary Objection
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Jurisdiction, Heirship, Immovable Property, Inheritance, Declaratory Relief
Source Language
English
Civil Procedure Land Law Jurisdiction Heirship Immovable Property Inheritance Declaratory Relief

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 8 Party arguments 2
Sign in to unlock

Parties

Mathai Setuka

Applicant

Mahali Nkotsi (Matsepiso Setuka)

1st Respondent

Thabiso Setuka

2nd Respondent

Litjotjela Municipal Council

3rd Respondent

Ministry of Local Government & Chieftainship Affairs

4th Respondent

Master of the High Court

5th Respondent

Attorney General

6th Respondent

Procedural Posture

Civil Application / Ruling on Preliminary Objection

Legal Issues

  1. 1 Whether the High Court has jurisdiction over disputes relating to land and heirship to immovable property
  2. 2 Whether the application should be dismissed for lack of jurisdiction

Ratio Decidendi

The High Court lacks jurisdiction to determine disputes relating to rights to land and heirship to immovable property; such matters fall within the exclusive jurisdiction of the Land Courts as provided by statute and case law.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • The preliminary point of lack of jurisdiction is upheld.
  • The application is dismissed with costs.