Makepe v Thotanyane (CCA 70 of 15) [2017] LSHC 31 (31 August 2017)

Makepe v Thotanyane (CCA 70 of 15) [2017] LSHC 31 (31 August 2017)

The Commercial Court has jurisdiction to grant specific performance in a sale of land contract where the applicant has fulfilled contractual obligations and the respondent's alleged disputes of fact are fictitious and intended to delay proceedings. The applicant is entitled to the relief sought.

Citation
[2017] LSHC 31
Parties
Applicant: Thabiso Makepe; 1st Respondent: Lebohang Thotanyane; 2nd Respondent: First National Bank-Lesotho
Court
High Court
Jurisdiction
Lesotho
Judgment Date
31 August 2017
Case Number
CCA 70 of 15
Procedural Posture
Civil (commercial Division) / Judgment
Outcome
Application granted
Legal Topics
Specific Performance, Jurisdiction, Sale of Land, Breach of Contract
Source Language
English
Contract Law Property Law Civil Procedure Specific Performance Jurisdiction Sale of Land Breach of Contract

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Thabiso Makepe

Applicant

Lebohang Thotanyane

1st Respondent

First National Bank-Lesotho

2nd Respondent

Procedural Posture

Civil (commercial Division) / Judgment

Legal Issues

  1. 1 Whether the Commercial Court has jurisdiction to grant specific performance in a sale of land agreement
  2. 2 Whether the applicant is entitled to specific performance under the contract
  3. 3 Whether there exists a material dispute of fact requiring oral evidence

Ratio Decidendi

The Commercial Court has jurisdiction to grant specific performance in a sale of land contract where the applicant has fulfilled contractual obligations and the respondent's alleged disputes of fact are fictitious and intended to delay proceedings. The applicant is entitled to the relief sought.

Court Disposition

Application granted

Orders

  • 1st respondent ordered to take necessary steps to pass transfer of the plot to the applicant as per the agreement.
  • Costs awarded to the applicant on the ordinary scale.