Sunday, June 11, 2023
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Maseru

Troubled land

Business

Mohloai Mpesi

The District Land Court of Maseru diffused a potentially dirty land dispute in the Khubetsoana area after it had appeared that two persons of different nationalities were holding deed to a similar piece of land.

This publication was informed by an irate Relebohile Lefantsatsa a local resident, about how he fell victim to Peter Hlutwa and is currently battling to protect his land from the Kenyan who holds a lease to the same plot.

Talking to Newsday earlier this week, Lefantsatsa said Hlutwa holds a Lesotho passport but does not have legal documents to the land and as such, as Form C and the letter from a chief authorizing him use over the land. He only holds a lease he was issued by the Land Administration Authority (LAA).  

“I stopped him when I realized that he was encroaching onto my yard and putting poles making his own markings,” he said.

“I went to LAA and they agreed that they gave him a lease but advised that I should take legal action quickly. I had form C and document of inheritance.

“I requested to see his lease and I realised it was fraudulent because he had no form C and all the documents proving that he is the owner of the land.

“Both our measurements are not corresponding, mine reads 80×75 while his reads 47×25 so I took him to court and he was served with court papers but he did not turn up in court. The judged in my favour and I won by default because he did not appear before court,” he said.

According to the Court Order issued on 10 June, 2021 by her Ladyship Mrs N. Moopisa Motilane in the District Land Court of Maseru, case number CIV/DLC/MSU/0043/2021 “… in a matter between Rethabile Lefantsatsa (applicant) and first Respondent City Estate Co. (PTY) LTD, second respondent Mohlomi Papashane, third respondent Land Administration Authority and the fourth respondent Maseru City Council.

“It is hereby ordered that the first and second respondents or their agents be interdicted or restrained from making any developments on the site of applicant. The first Respondent is ordered to demolish all structures it had made on Applicant’s site at Khubetsoana, Koroane purportedly under lease No. 1426310001 issued in the name of the second Respondent and transferred to first respondent.

“The first respondent is interdicted from interfering with the Applicant in access, using or making developments on applicant’s site at Khubetsoana Koroane,” court order reads.

“The third respondent be ordered to cancel and or revoke any documentation it may have issued in the name of first respondent in relation to plot 14263-10001 at Khubetsoana, Koroane upon determination that it belongs to applicant. The first and second respondent pay costs of this application,” court order reads.    

However, this publication established that the company’s Extract of City Prime Estates as appear in LAA attachment, was incorporated on November 14, 2014 with a single shareholder; Miss Njeri Anastacia Hlutwa and business activities of 6810 City Prime Estate activities with own or leased property 6820, 5210 warehouse and storage, 4510 sale of motor vehicles, 7310 advertising, 6920 accounting bookkeeping and auditing activities, tax consultancy et al.

Meanwhile, the LAA confirmed the authorization of lease to one Mohlomi Papashane who appears as a second respondent in the court order.

According to LAA’s Public Outreach Manager, Refiloe ‘Mateboho Makote, the plot was initially registered by Papashane who still holds a lease of the mentioned plot before selling the land to one Njeri Anastacia Hlutwa who owns City Prime Estate as a sole proprietor with money amounting to M100 000.

Makote told this publication that the land authority doesn’t have any records and documents of one Peter Hlutwa who seems to be claiming the much embroiled land.

“Papashane made a legal transfer of the land to City Prime Estates, but we received an order from the Maseru City Council seeking papers of the land as Lefantsatsa claimed the land too.

“Last month the same land was sold to another person, Raohang Ignatius Lehobo with monies summing to M100 000,” she said.     

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