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Land Division - 2022 June

3 judgments
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3 judgments
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Judgment date
June 2022
Khechane v Semonkong Urban Council (LC/A/13/2021) [2022] LSHC 119 (30 June 2022)
Summary Appeal against an order of absolution from the instance at the conclusion of trial (in respect of both the main and the counter-claim) - dispute involving encroachment and its extent - demarcations and extent of the land depicted on the title deed at variance with the lease document - surveyors giving conflicting interpretation of the title Deed diagram - requirements for a successful application based on encroachment discussed - mere production of a lease insufficient to proof the boundaries of land - survey records that preceded the issuance of the lease and measuring of the land indispensable to the resolution of the dispute between the parties - Magistrate cannot be faulted for concluding that neither party sufficiently proved its claim or title to this land as well as encroachment. Appeal dismissed with costs.
30 June 2022
Matete v Mafeteng Urban Council (LC/APN/030/2021) [2022] LSHC 76 (13 June 2022)
Summary Concurrency of jurisdiction - Rule 9(2) of the Land Court Rules of 2012 -whether the decision of the Court of Appeal in Moletsane v Thamae removes adherence to the requirements of this rule - this Court holds that it does not - objects of the Land Act 2010 in creating the District Land Courts as well as prior decisions of the Court of Appeal on the interpretation of section 6 of the High Court Act of 1978 discussed and applied - jurisdiction declined.
13 June 2022
Khoromeng v Manamolela (LC/APN/149/2014) [2022] LSHC 82 (2 June 2022)
SUMMARY Sale of land – Ministerial consent not required for parties to conclude a valid sale agreement, but such consent is a prequisite for transfer of title – Where seller in bad faith and unreasonably fails to facilitate transfer of title to a buyer, the latter may be granted an order of specific performance directing the seller to do all what is necessary to facilitate transfer of title to the buyer.
2 June 2022