1

CIV\APN\443\95

IN THE
HIGH COURT OF LESOTHO

In the
Application of:

JOSHUA
RAMAISA Applicant

vs

JESSIE
RAMAKATANE 1st Respondent

MAMOHAPI
MARTHA PHALATSI 2nd Respondent

THE
COMMISSIONER OF LANDS 3rd Respondent

LESOTHO
BANK 4th Respondent

THE
REGISTRAR OF DEEDS 5th Respondent

THE
ATTORNEY GENERAL 6th Respondent

JUDGMENT

On 23rd
September, 1996 this Court made the following order :

"Points of law raised on behalf of the respondents are upheld
with costs. Reasons for judgment to follow".

These are
now the reasons spoken of :-

The
applicant had obtained on 7th December 1995 a Rule Nisi returnable on
18th December 1995 calling upon the Respondents to show
cause, if
any, why

2

1. (a)
   The Deed of Transfer marked "JR3" and annexed to the
   applicant's founding affidavit shall not be declared null and
   void
   and of no force and effect;

   
   

2. The
   Minister's Consent accompanying "JR3" shall not be
   declared invalid and of no force and effect;

   
   

2. the
   purported hypothecation of land described as plot number 13283-331
   situate at Cathedral Area, Maseru Urban Area by the 1st
   Respondent
   in favour of the 4th Respondent shall not be declared invalid and
   of no force and effect;

   
   

2. The
   registering of the said hypothecation by the 5th Respondent shall
   not be declared of no legal force and effect;

   
   

2. A
   copy of Lease No. 13283-331 annexed hereto and marked "JR2"
   shall not be declared sufficient to pass transfer of
   the land from
   the 2nd Respondent to the Applicant;

   
   

2. The
   1st Respondent's occupation of the land and premises situate
   thereon shall not be declared unlawful;

   
   

2. The
   1st Respondent shall not be ordered forthwith to vacate the land
   and premises situate thereon,

   
   

2. The
   1st Respondent shall not be ordered to pay the costs of this
   application on the scale as between attorney and client, the