Property Law

Executors Estate Late Lebamang James Monapathi V Dust Busters (CCA/0045/2022) [2022]LSHC 64 (18 August 2022);

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Property Law
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LAW OF PROPERTY: Application for a tacid hypothec-The requirements thereof- Civil practice- how evidence which is adduced for the first time in reply should be dealt with- Unjust enrichment- Principles considered and applied

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                                    CCA/0045/2022

 

In the matter between:

 

EXECUTORS ESTATE LATE LEBAMANG

JAMES MONAPHATHI                                              APPLICANT

 

AND

 

DUST BUSTERS (PTY) LTD                                       1ST RESPONDENT

Khitione V Botanical Oils (PTY) Ltd (CCA/0005/2021) [2022]LSHC 60 (18 August 2022);

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LAW OF PROPERTY- Non-compliance with section 24 of the Deeds Registry Act- Respondent taking occupation of the sub-leased property before consent sought and the sublease agreement being registered- Consequences thereof- Sublease agreements cancelled and declared null and void

 

 

 

 

IN THE HIGH COURT OF LESOTHO

(COMMERCIAL DIVISION)

 

HELD AT MASERU                                                    CCA/0005/2021

 

In the matter between:

 

NTHOATENG KHITIONE                                         1ST APPLICANT

MAMAHALI MAKHOTLA                                        2ND APPLICANT

MASEIPONE THAMAE                                             3RD APPLICANT

Mosooane V Mosooane (CIV/APN/14/2021) [2021]LSHC 32 (22 April 2021);

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PROPERTY LAW: Rei vindicatio and revocation of remuneratory donation- Principles applicable discussed and applied- the applicant was donated a BMW sedan by her parents, and on the souring of the relations between herself and her mother, she left the maiden home- when the applicant left the maiden home her mother held on the vehicle on the basis that she was revoking the donation on account of her disrespect, thereby prompting the applicant to launch this application based on rei vindicatio- Application granted with no order as to costs.

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/14/2021

 

In the matter between:

 

REITUMETSE MASOOANE                                      APPLICANT

 

AND

 

PINKI ‘MAREITUMETSE MASOOANE                    1st RESPONDENT

OFFICER COMMANDING THETSANE

Letooa V Lesotho Electricity Company (Pty)Ltd (CIV/APN/230/15) [2020] LSHC 56 (23 March 2020);

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Electricity Act No.7 of 1969 – Public importance of Generation and supply of

                   electricity – Disconnection of electricity supply – When justified –

section 31(1)(a)(i) of the Act – Illegal by-pass connection by squatting tenants – Duty of landlord to guarantee lawful use of electricity by tenants – Application for a court interdict to compel re-connection  - onus on the applicant to establish that he fulfilled his role to maintain lawful use of electricity.

 

 

Where         the landlord fails to guarantee proper use of electricity on his rented premises and illegal squatters bypass and cheat the meters of electricity, and the Electricity Company disconnects the supply in terms of section 31of the Electricity Act, the landlord ---- the onus to establish that he fulfilled his supervisory sole to guarantee lawful use of electricity.

IN THE HIGH COURT OF LESOTHO

 

CIV/APN/230/2015

 

 

 

HELD AT MASERU

 

 

In The matter between:

 

               

MASHAMOLE LETOAO                                              APPLICANT                          

 

               And

 

LESOTHO ELECTRICITY COMPANY (PTY) Ltd        RESPONDENT

Mofolo V Ramatlapeng (CIV/APN/23/16) [2020] LSHC 55 (21 August 2020);

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IN THE HIGH COURT OF LESOTHO

 

CIV/APN/23/2016

In the matter between:-

KHABISO MOFOLO NO                                            1ST APPLICANT

KGAHLISO MTHIMKULU                                        2ND APPLICANT

 

And

 

MPHU KENEILOE RAMATLAPENG                       1ST RESPONDENT

ESTATE LATE PEPENENE MOFOLO                      2ND RESPONDENT

Lesotho Development and Construction Company (PTY) Ltd v Lesotho Poultry Cooperative Society (C of A (CIV) 59/19) [2020] LSCA 41 (30 October 2020);

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Land law-Innocent possessor making improvements to property-lien subsists and entitles him to compensation and fruits of the improvements until paid for proved expenses-exercise of discretion by the primary court-appellate courts are slow. to interfere nor can appellate courts pedantically circumscribe the exercise of discretion by primary courts.

     

 

IN THE COURT OF APPEAL OF THE LESOTHO

HELD AT MASERU                                                        C OF A (CIV) 59/19

                                                                                        CCT/0257/2015

In the matter between

LESOTHO DEVELOPMENT AND CONSTRUCTION:        APPELLANT

COMPANY (PTY) LIMITED

 

AND

 

KEL Property v Lethole (C of A (CIV) 53/17) [2020] LSCA 36 (30 October 2020);

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On rival claims to title over land originally allocated under customary law, High Court holding that failure to register lease in terms of land registration act 1967 read with deeds registry Act 1967, rendering lease void and possessor of Form C having prior title over land.  Held that the registration regime under two acts not necessarily rendering unregistered lease void and that, in any event, Form C title established on balance of probabilities to have been acquired fraudulently.

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU                          C of A (CIV) NO. 53 OF 2017

 

In the matter between:

 

KEL PROPERTY                                                      APPELLANT

AND

MONKI LETHOLE                                                 RESPONDENT

 

Coram:           PT Damaseb, AJA

Dr P Musonda, AJA

Nchela v Dibakga (CIV/T/799/18) [2020] LSHC 41 (15 October 2020);

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UNJUSTIFIED ENRICHMENT: The plaintiff had issued summons against the defendant claiming compensation for improvements made on the defendant’ landed property- The plaintiff was a bona fide possessor of the property- Principles applicable considered and applied- Plaintiff accordingly awarded compensation.

                         IN THE HIGH COURT OF LESOTHO

HELD AT MASERU                                                          CIV/T/799/18

 

In the Matter Between:-

 

 

MATOKELO NCHELA                                                  PLAINTIFF                                                 

AND

 

MOSELE DIBAKGA                                                    DEFENDANT

 

YU Quang v Hata-Butle (Pty)Ltd (CIV/APN/131/19) [2019] LSHC 51 (05 August 2019);

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Civil Practice – application for Mandament van Spolie – applicant failing to prove possession – suitability of spoliation proceedings to enforce contractual rights, considered – Rule discharged and application dismisses with costs

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                     CIV/APN/131/2019

 

In the Matter Between:-

YU QUANG                                                                                      APPLICANT

 

AND

 

HATA-BUTLE (PTY) LTD                                                                1ST RESPONDENT

Qhobela v Nkoe (CIV/APN/440/19) [2020] LSHC 13 (24 March 2020);

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IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                      CIV/APN/440/19

In the matter between

 

MPHAPHATHI QHOBELA                            1st APPLICANT

KATLEHO QHOBELA                                   2ND APPLICANT

TUMISANG QHOBELA                                3RD APPLICANT

 

AND

 

PHIRI NKOE                                             1ST RESPONDENT

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