Makhele v Ramaleshoane (CIV/A 12 of 11) [2013] LSHC 111 (28 February 2013)

Makhele v Ramaleshoane (CIV/A 12 of 11) [2013] LSHC 111 (28 February 2013)

The appeal was dismissed because the lower courts' findings on the location and allocation of the disputed land were not challenged on factual grounds at trial, and the trial court's advantage in assessing facts and witness demeanour must be respected. The second allocation to the Appellant was void ab initio, and the Respondent was the rightful heir.

Citation
[2013] LSHC 111
Parties
Appellant: Sekoati Makhele; Respondent: Teke-Teke Ramaleshoane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
28 February 2013
Case Number
CIV/A 12 of 11
Procedural Posture
Civil Appeal / Judgment After Appeal From Judicial Commissioner's Court
Outcome
Appeal dismissed with costs
Legal Topics
Land Allocation, Title to Land, Appeals, Inheritance
Source Language
English
Land Law Land Allocation Title to Land Appeals Inheritance

Case Brief

Summary, issues, holding and outcome

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Parties

Sekoati Makhele

Appellant

Teke-Teke Ramaleshoane

Respondent

Procedural Posture

Civil Appeal / Judgment After Appeal From Judicial Commissioner's Court

Legal Issues

  1. 1 Whether the lower courts erred in finding the disputed land was at Motimposo and not Ha Tsiu
  2. 2 Whether the Appellant's registered title was improperly disregarded
  3. 3 Whether the Respondent had locus standi

Ratio Decidendi

The appeal was dismissed because the lower courts' findings on the location and allocation of the disputed land were not challenged on factual grounds at trial, and the trial court's advantage in assessing facts and witness demeanour must be respected. The second allocation to the Appellant was void ab initio, and the Respondent was the rightful heir.

Court Disposition

Appeal dismissed with costs

Orders

  • Appeal dismissed
  • Costs awarded to Respondent