Nkwate v Molapo (LC/APN 19) [2019] LSHC 41 (11 October 2019)

Nkwate v Molapo (LC/APN 19) [2019] LSHC 41 (11 October 2019)

The District Land Court erred by granting default judgment without hearing oral evidence, which is a mandatory requirement in land litigation. The failure to follow this procedure constituted a reviewable irregularity that prejudiced the applicants, justifying the setting aside of the judgment and related orders.

Citation
[2019] LSHC 41
Parties
Applicant: Tankiso Martin Nkwate; Applicant: Matsepo Regina Nkwate; Respondent: Moleane Molapo; Respondent: Lipelaneng Community Council; Respondent: Land Registrar; Respondent: Land Administration Authority; Respondent: Clerk of Court District Land Court Bothabothe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 October 2019
Case Number
LC/APN 19
Procedural Posture
Review Application / Judgment
Outcome
Review application allowed; impugned judgment and orders set aside; matter remitted for hearing de novo; each party to bear own costs.
Legal Topics
Default Judgment, Review Proceedings, Joinder of Parties, Land Registration, Procedural Irregularity
Source Language
English
Land Law Civil Procedure Default Judgment Review Proceedings Joinder of Parties Land Registration Procedural Irregularity

Case Brief

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Parties

Tankiso Martin Nkwate

Applicant

Matsepo Regina Nkwate

Applicant

Moleane Molapo

Respondent

Lipelaneng Community Council

Respondent

Land Registrar

Respondent

Land Administration Authority

Respondent

Clerk of Court District Land Court Bothabothe

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether review is an appropriate remedy for challenging a default judgment in the District Land Court
  2. 2 Whether non-joinder of the Magistrate or 1st respondent’s wife is fatal to the proceedings
  3. 3 Whether the District Land Court erred by granting default judgment without hearing oral evidence

Ratio Decidendi

The District Land Court erred by granting default judgment without hearing oral evidence, which is a mandatory requirement in land litigation. The failure to follow this procedure constituted a reviewable irregularity that prejudiced the applicants, justifying the setting aside of the judgment and related orders.

Court Disposition

Review application allowed; impugned judgment and orders set aside; matter remitted for hearing de novo; each party to bear own costs.

Orders

  • The review application succeeds.
  • The decision of the District Land Court in CIV/DLC/BB/18/16 granted on 04th August 2017 is reviewed, corrected and set aside.