Teke v Phutha Lichaba Holdings (Pty) Ltd (LC/A 18) [2019] LSHC 40 (15 November 2019)

Teke v Phutha Lichaba Holdings (Pty) Ltd (LC/A 18) [2019] LSHC 40 (15 November 2019)

A decision upholding a special answer of lack of jurisdiction and dismissing a counter-claim is final in effect and appealable; the District Land Court has jurisdiction to entertain claims concerning title to land, including cancellation of certificates of allocation and directing issuance of leases, as these are disputes about title under the Land Act.

Citation
[2019] LSHC 40
Parties
Appellant: Puleng Teke; 1st Respondent: Phutha Lichaba Holdings (Pty) Ltd; 2nd Respondent: Kanana Community Council; 3rd Respondent: Director General L. A. A; 4th Respondent: Commissioner of Lands; 5th Respondent: Land Administration Authority; 6th Respondent: Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
15 November 2019
Case Number
LC/A 18
Procedural Posture
Appeal / Judgment
Outcome
appeal upheld
Legal Topics
Jurisdiction, Appealability, Allocation of Land, Cancellation of Certificate of Allocation, District Land Court Powers
Source Language
English
Land Law Civil Procedure Jurisdiction Appealability Allocation of Land Cancellation of Certificate of Allocation District Land Court Powers

Case Brief

Summary, issues, holding and outcome

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Parties

Puleng Teke

Appellant

Phutha Lichaba Holdings (Pty) Ltd

1st Respondent

Kanana Community Council

2nd Respondent

Director General L. A. A

3rd Respondent

Commissioner of Lands

4th Respondent

Land Administration Authority

5th Respondent

Attorney General

6th Respondent

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether an appeal lies against a decision of the District Land Court on a preliminary objection under Rule 65 or is prohibited by Rule 88
  2. 2 Whether the District Land Court has jurisdiction to entertain a claim for cancellation of a certificate of allocation (Form C) and to direct issuance of a lease

Ratio Decidendi

A decision upholding a special answer of lack of jurisdiction and dismissing a counter-claim is final in effect and appealable; the District Land Court has jurisdiction to entertain claims concerning title to land, including cancellation of certificates of allocation and directing issuance of leases, as these are disputes about title under the Land Act.

Court Disposition

appeal upheld

Orders

  • Decision of the Court a quo upholding the special answer and dismissing the counter-claim is set aside
  • Matter remitted to District Land Court for hearing of merits in main application and counter-claim