Nchela v Dibakga (CIV/T 799 of 18) [2020] LSHC 41 (15 October 2020)

Plaintiff is entitled to compensation for the improvements made, calculated as the enhanced value of the property due to the improvements, excluding the value of the land, and rentals collected are not deductible from the compensation.

Citation: [2020] LSHC 41
Parties: Plaintiff: Matokelo Nchela; Defendant: Mosele Dibakga
Court: High Court
Jurisdiction: Lesotho
Judgment Date: 15 October 2020
Case Number: CIV/T 799 of 18
Procedural Posture: Civil / Judgment
Outcome: Plaintiff awarded compensation for improvements; costs awarded to plaintiff.
Legal Topics: Compensation for Improvements, Bona Fide Possessor, Civil Fruits, Market Value Assessment
Source Language: English

Unjust Enrichment Property Law Compensation for Improvements Bona Fide Possessor Civil Fruits Market Value Assessment

Case Brief

Summary, issues, holding and outcome

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Parties

Matokelo Nchela

Plaintiff

Mosele Dibakga

Defendant

Procedural Posture

Civil / Judgment

Legal Issues

1 Whether the plaintiff is entitled to the market value of the property or the actual expenses incurred for developing the property.
2 Whether the rentals collected by the plaintiff should be deducted from the compensation claimed.

Ratio Decidendi

Court Disposition

Plaintiff awarded compensation for improvements; costs awarded to plaintiff.

Orders

Defendant to pay plaintiff M94,720.00 as compensation for improvements at plot NO. 11302 – 081.
Plaintiff awarded costs of suit.