Thibeli v Khosholo (LC/APN 15) [2020] LSHC 37 (28 August 2020)

Thibeli v Khosholo (LC/APN 15) [2020] LSHC 37 (28 August 2020)

The applicant failed to provide sufficient evidence of lawful allocation of the disputed plot, as the Form C alone was not conclusive proof when challenged and no corroborating evidence was presented. The 1st respondent's claim by inheritance was also not conclusively established. The burden of proof was not discharged by the applicant, warranting absolution from the instance.

Citation
[2020] LSHC 37
Parties
Applicant: Thabiso Thibeli; 1st Respondent: Makhosholo Khosholo; 2nd Respondent: Commissioner of Lands; 3rd Respondent: Land Administration Authority
Court
High Court
Jurisdiction
Lesotho
Judgment Date
28 August 2020
Case Number
LC/APN 15
Procedural Posture
Land Dispute / Judgment After Trial
Outcome
Absolution from the instance with costs
Legal Topics
Land Allocation, Title to Land, Inheritance of Land, Lease Cancellation, Burden of Proof, Capacity of Minors, Regularisation of Land Rights
Source Language
English
Land Law Civil Procedure Land Allocation Title to Land Inheritance of Land Lease Cancellation Burden of Proof Capacity of Minors +1 more

Case Brief

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Parties

Thabiso Thibeli

Applicant

Makhosholo Khosholo

1st Respondent

Commissioner of Lands

2nd Respondent

Land Administration Authority

3rd Respondent

Procedural Posture

Land Dispute / Judgment After Trial

Legal Issues

  1. 1 Whether the lease issued to the 1st respondent was erroneously or fraudulently issued
  2. 2 Whether the applicant lawfully acquired rights to the disputed plot by allocation
  3. 3 Whether the 1st respondent lawfully acquired rights to the disputed plot by inheritance

Ratio Decidendi

The applicant failed to provide sufficient evidence of lawful allocation of the disputed plot, as the Form C alone was not conclusive proof when challenged and no corroborating evidence was presented. The 1st respondent's claim by inheritance was also not conclusively established. The burden of proof was not discharged by the applicant, warranting absolution from the instance.

Court Disposition

Absolution from the instance with costs

Orders

  • Respondents are absolved from the instance with costs