Kuleile v Mohloboli and Another (LC/APN 2014) [2015] LSHC 50 (9 December 2015)

Kuleile v Mohloboli and Another (LC/APN 2014) [2015] LSHC 50 (9 December 2015)

The applicant's lease rights were not terminated by failure to register within the prescribed period, as the duty to register lies with the Commissioner, not the applicant. The 1st respondent failed to prove any valid title or bona fide occupation, having no valid Form C or contract of sale. As a mala fide occupier, the 1st respondent may only retain possession until compensated for necessary expenses for protection or preservation of the land, but is not entitled to compensation for all improvements or to remain indefinitely.

Citation
[2015] LSHC 50
Parties
Applicant: ’Noi Kuleile; 1st Respondent: Lydia Mohloboli; 2nd Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
9 December 2015
Case Number
LC/APN 2014
Procedural Posture
Land Dispute / Judgment After Hearing
Outcome
Application succeeds in part; applicant granted reliefs 2, 3, 4, 5, and 6.
Legal Topics
Leaseholder Rights, Certificate of Title, Bona Fide and Mala Fide Occupation, Improvements on Land, Rei Vindicatio, Lien (ius Retentionis)
Source Language
English
Land Law Property Law Leaseholder Rights Certificate of Title Bona Fide and Mala Fide Occupation Improvements on Land Rei Vindicatio Lien (ius Retentionis)

Case Brief

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Parties

’Noi Kuleile

Applicant

Lydia Mohloboli

1st Respondent

Land Administration Authority

2nd Respondent

Procedural Posture

Land Dispute / Judgment After Hearing

Legal Issues

  1. 1 Whether the applicant's lease rights terminated due to failure to register the lease in the Deeds Registry within the prescribed period
  2. 2 Whether the 1st respondent has any valid title to the land
  3. 3 Whether the 1st respondent is a bona fide or mala fide occupier

Ratio Decidendi

The applicant's lease rights were not terminated by failure to register within the prescribed period, as the duty to register lies with the Commissioner, not the applicant. The 1st respondent failed to prove any valid title or bona fide occupation, having no valid Form C or contract of sale. As a mala fide occupier, the 1st respondent may only retain possession until compensated for necessary expenses for protection or preservation of the land, but is not entitled to compensation for all improvements or to remain indefinitely.

Court Disposition

Application succeeds in part; applicant granted reliefs 2, 3, 4, 5, and 6.

Orders

  • Applicant confirmed as having title to Plot No.14271-346.
  • Occupation of Plot No.14271-346 by 1st respondent or any person declared unlawful and wrongful.