Phafa v Morasenyane (CIV/A 18 of 88) [1989] LSCA 91 (9 August 1989)
The plaintiff failed to discharge the onus of proving the boundary of the disputed plantation, and the inspection in loco compounded confusion rather than clarifying the evidence. The lower courts erred in their findings, justifying appellate intervention.
- Citation
- [1989] LSCA 91
- Parties
- Appellant: Molefi Phafa; Respondent: Hasisa Morasenyane
- Court
- Court of Appeal
- Jurisdiction
- Lesotho
- Judgment Date
- 9 August 1989
- Case Number
- CIV/A 18 of 88
- Procedural Posture
- Civil Appeal / Final Appellate Judgment
- Outcome
- appeal upheld
- Legal Topics
- Boundaries, Burden of Proof, Evidence, Inspection in Loco
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Molefi Phafa
Appellant
Hasisa Morasenyane
Respondent
Procedural Posture
Civil Appeal / Final Appellate Judgment
Legal Issues
- 1 Whether the plaintiff discharged the onus of proving the boundary of the disputed plantation
- 2 Whether the inspection in loco was properly conducted and its findings properly applied
- 3 Whether the lower courts erred in their findings based on the evidence presented
Ratio Decidendi
The plaintiff failed to discharge the onus of proving the boundary of the disputed plantation, and the inspection in loco compounded confusion rather than clarifying the evidence. The lower courts erred in their findings, justifying appellate intervention.
Court Disposition
appeal upheld
Orders
- Appeal allowed with costs in all courts
Full Case Text
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