Jurisdiction

Matete V Mafeteng Urban Council (LC/APN/030/2021) [2022]LSHC 76 (13 June 2022);

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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.

IN THE HIGH COURT OF LESOTHO

HELD AT MASERU LC/APN/030/2021

In the matter between

MANEO MATETE APPLICANT

AND

MAFETENG URBAN COUNCIL 1ST RESPONDENT

LAND ADMINISTRATION AUTHORITY 2ND RESPONDENT

Standard Lesotho Bank Limited V Selogile (C of A No.50/2021) [2022]LSCA 16 (13 May 2022);

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Jurisdiction

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Jurisdiction— under rule 84 of land court rules, the land court has jurisdiction to review its own decision—a litigant, with proven interest may apply to the same court for review under grounds stated in rule 85 and the court may vary or reverse its earlier decision- appellant having established acceptable grounds of review, appeal allowed.

IN THE COURT OF APPEAL OF LESOTHO

C of A (CIV) 50/2021

LC/APN/42/2018

HELD AT MASERU

In the matter between:

STANDARD LESOTHO BANK LIMITED APPELLANT

And

MOOKHO SELOGILE BOHLOKO 1ST RESPONDENT

Nothern Investment Holdings (PTY) Ltd V The Town Clerk Maputsoe Urban Council (CCA/0015/2022) [2022]LSHC 06 (22 February 2022);

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Jurisdiction

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Jurisdiction – Commercial Court established to hear disputes arising out of commercial or business transactions – Refusal to issue a building permit cannot be classified as restraint of trade or a dispute arising out of a commercial or business transaction – Commercial Court lacking jurisdiction to issue writ of mandamus against Government to issue a building permit.

IN THE HIGH COURT OF LESOTHO

(Commercial Court Division)

HELD AT MASERU CCA/0015/2022

In the matter between:

NORTHERN INVESTMENT HOLDINGS (PTY) LTD APPLICANT

And

THE TOWN CLERK MAPUTSOE URBAN COUNCIL 1st RESPONDENT