CIV/APN/217/00
IN THE HIGH COURT OF LESOTHO

In the matter between :-

NTHABISENG MOHOBANE APPLICANT

And

BASIA MARAISANE RESPONDENT

JUDGMENT

Delivered by the Hon. Acting Judge Mrs Justice Hlajoane
on the 14^th November, 2001.

This Application was filed on urgent basis on the 16^th
June, 2000 and heard same day when the rule nisi was granted. After
service to the Respondent on the 19^th June, 2000, a notice
of intention to oppose was filed same day. The answering and replying
affidavits were filed in their proper
sequence and the matter was
finally set for hearing on the 27^th November, 2000. I must
first give a brief summary of the facts of this case.

1

Applicant and Respondent had been lovers and stayed
together here in Maseru at New Europa. The Applicant was transferred
to Quthing,
Tele Bridge, as she works at Department of Customs. The
separation might have brought about the end of their relationship,
but the
fact of the matter is that their relationship ended. It has
been the Applicant's case that when she came to live with the
Respondent
she had brought along with her some property which she
listed under Annexure "A" to her founding papers. Applicant
alleges
that the Respondent is now refusing to release the property
to her as he too claims to be the owner, hence the present
Application.

On the 27^th November, 2000 both Counsel were
heard and my brother Maqutu J made the following order:-

1. 
   That the application be converted into an action in
   respect
   of the balance of the property that remained in
   Respondent's
   possession.

   
   

2. 
   Applicant was ordered within 10 days to amend
   the
   Application by way of Summons specifying the property
   she
   claims and providing full particulars of when and how
   she
   came to be the owner of that property.

   
   

3. 
   Respondent by way of a detailed plea was expected
   likewise
   to plead to Plaintiff/Applicant's claim, specifying in
   full and

   
   

how he came to be in possession of the said property.
This plea was expected to have been filed within 14 days.

4. The matter was postponed to 29^th and 30^th
days of January, 2001.

The Summons were duly filed and served as requested and
later Respondent/Defendant was asked to file his plea in terms of the
Rules
of Court and was served with that notice. He did not respond
and the matter was finally set for hearing to today and Defendant
served
with the notice of set down.

When the matter was heard there was no appearance for
the Defendant and Counsel for the plaintiff showed he had just met
Counsel for
the Defendant who showed he no longer had any interest in
the matter but displayed an attitude of, "I will abide by
whatever
decision that will be made".

Plaintiff was called to give her evidence and also
produced receipts as proof of ownership to some of the property which
was listed
and showed the rest of other property has already been
released to her.

After hearing evidence from the plaintiff/Applicant I
gave judgment in her favour with costs as she has produced proof of
ownership
to the property by handing in the receipts written in her
name for the lounge suit, master fridge, carpet, wall unit and
Bedroom
suit with its base.

A.M. HLAJOANE
ACTING JUDGE

For the Applicant/Plaintiff: Mr Nteso
For the
Respondent/Defendant: Mr Hlaoli