Sula v Tlali (C of A (CIV) 16 of 91) [1991] LSCA 14 (1 January 1991)

Sula v Tlali (C of A (CIV) 16 of 91) [1991] LSCA 14 (1 January 1991)

Tlali failed to establish any contractual or legal right to the property in question, and the High Court erred in granting relief on the papers where material disputes of fact existed. The appeal was allowed and the application dismissed with costs.

Citation
[1991] LSCA 14
Parties
Appellant: Mphale Sula; Respondent: Mateboho Tlali
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
1 January 1991
Case Number
C of A (CIV) 16 of 91
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed; application dismissed with costs
Legal Topics
Eviction, Contract Formation, Costs, Urgent Applications
Source Language
English
Property Law Civil Procedure Eviction Contract Formation Costs Urgent Applications

Case Brief

Summary, issues, holding and outcome

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Parties

Mphale Sula

Appellant

Mateboho Tlali

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the respondent established a contractual or other legal right to occupation or ownership of the disputed property
  2. 2 Whether the High Court erred in granting the application for occupation and related relief
  3. 3 Whether the costs order was properly made

Ratio Decidendi

Tlali failed to establish any contractual or legal right to the property in question, and the High Court erred in granting relief on the papers where material disputes of fact existed. The appeal was allowed and the application dismissed with costs.

Court Disposition

appeal allowed; application dismissed with costs

Orders

  • The appeal is allowed with costs.
  • The order of the court a quo is set aside and replaced with: 'The rule nisi is discharged and the application is dismissed with costs.'