Lobelo v Tawana And Others (1184/2005) [2008] ZANWHC 32 (3 July 2008)

Lobelo v Tawana And Others (1184/2005) [2008] ZANWHC 32 (3 July 2008)

The court found that there are material disputes of fact regarding the lawful ownership and allocation of stand No. 4314 Lonely Park, the authority of the tribal office versus local land allocation structures, and the authenticity of the allocation register. These disputes cannot be resolved on the papers and require oral evidence and cross-examination. The court ordered the postponement of the application for a hearing of oral evidence, with specific issues to be determined at that hearing, and directed discovery of all relevant documents by the parties.

Citation
[2008] ZANWHC 32
Parties
Applicant: Lesego Jane Lobelo; Respondent: Alinah Tawana; Respondent: Chose Tawana; Respondent: All Other Persons at Site 4314 Lonely Park
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
3 July 2008
Case Number
1184/2005
Procedural Posture
Urgent Application / Application for Determination of Ownership of Tribal Land; Postponed for Oral Evidence
Outcome
Application postponed for oral evidence; issues to be determined at the postponed hearing; discovery of documents ordered.
Judges
M.T.R. Mogoeng
Legal Topics
Tribal Land Allocation, Ownership Dispute, Oral Evidence, Discovery of Documents
Land and Property Civil Procedure Tribal Land Allocation Ownership Dispute Oral Evidence Discovery of Documents

Case Brief

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Parties

Lesego Jane Lobelo

Applicant

Alinah Tawana

Respondent

Chose Tawana

Respondent

All Other Persons at Site 4314 Lonely Park

Respondent

Procedural Posture

Urgent Application / Application for Determination of Ownership of Tribal Land; Postponed for Oral Evidence

Legal Issues

  1. 1 Who was the lawful owner of stand No. 4314 Lonely Park at the time of its sale to the applicant.
  2. 2 Does the original Lonely Park land allocation register exist and who does it reflect as the owner of stand No. 4314.
  3. 3 Was the headman or Chairperson of the Lonely Park land allocation committee empowered to allot stand No. 4314 without intervention by the tribal office.

Ratio Decidendi

The court found that there are material disputes of fact regarding the lawful ownership and allocation of stand No. 4314 Lonely Park, the authority of the tribal office versus local land allocation structures, and the authenticity of the allocation register. These disputes cannot be resolved on the papers and require oral evidence and cross-examination. The court ordered the postponement of the application for a hearing of oral evidence, with specific issues to be determined at that hearing, and directed discovery of all relevant documents by the parties.

Court Disposition

Application postponed for oral evidence; issues to be determined at the postponed hearing; discovery of documents ordered.

Orders

  • The application is postponed to a date to be urgently arranged with the Registrar and/or the Judge President for the hearing of oral evidence.
  • The issues to be resolved at such hearing are set out in the judgment.