NKhetheleng Mohale & Ano. V 'Masenate Letsie & 6 Others (LC/APN/61/2014) [2024] LSHC 105 (18 June 2024)

NKhetheleng Mohale & Ano. V 'Masenate Letsie & 6 Others (LC/APN/61/2014) [2024] LSHC 105 (18 June 2024)

The applicants proved lawful ownership of the plot through a valid sale and supporting documents. The purported sale to the 5th respondent was based on a fake document, and thus the 5th respondent had no title to transfer to the 2nd and 3rd respondents. The lease issued to the 2nd and 3rd respondents is invalid, and...

Source-derived case information.

Citation
[2024] LSHC 105
Parties
Applicant: Nkhetheleng Mohale; Applicant: 'Mamakhaola Mohale; Respondent: 'Masenate Letsie; Respondent: 'Matlotliso Lebajoa; Respondent: Jeremane Lebajoa; Respondent: 'Malehlohonolo Nteso; Respondent: Motsamai Ntsukunyane; Respondent: Tsebo / Kamohelo Chigando; Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
18 June 2024
Case Number
LC/APN/61/2014
Procedural Posture
Originating Application / Judgment
Outcome
judgment for applicants
Legal Topics
Title to Land, Cancellation of Lease, Rei Vindicatio, Transfer of Immovable Property
Source Language
english
Property Law Land Law Title to Land Cancellation of Lease Rei Vindicatio Transfer of Immovable Property

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Summary, issues, holding and outcome

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Parties

Nkhetheleng Mohale

Applicant

'Mamakhaola Mohale

Applicant

'Masenate Letsie

Respondent

'Matlotliso Lebajoa

Respondent

Jeremane Lebajoa

Respondent

'Malehlohonolo Nteso

Respondent

Motsamai Ntsukunyane

Respondent

Tsebo / Kamohelo Chigando

Respondent

Land Administration Authority

Respondent

Procedural Posture

Originating Application / Judgment

Legal Issues

  1. 1 Whether the applicants are the lawful owners of the disputed plot
  2. 2 Whether the lease issued to the 2nd and 3rd respondents is valid
  3. 3 Whether the transfer of land to the respondents and issuance of lease was valid

Ratio Decidendi

The applicants proved lawful ownership of the plot through a valid sale and supporting documents. The purported sale to the 5th respondent was based on a fake document, and thus the 5th respondent had no title to transfer to the 2nd and 3rd respondents. The lease issued to the 2nd and 3rd respondents is invalid, and the applicants are entitled to vindicate the property and have the lease cancelled.

Court Disposition

judgment for applicants

Orders

  • Applicants declared lawful owners of the plot
  • 7th respondent ordered to cancel lease Number 11292-323 issued to 2nd and 3rd respondents