A legal war is brewing between Phakalane Estates Proprietary Limited and some plot owners, following the estate management’s decision to reposess some plots bought from it.
In one of such case, lawyers at Collins Newman, acting on behalf of Phakalane Estates, has made an application to the Lobatse High Court, asking for an order against Samuel Mpaesele, who bought a plot from Phakalane Estates Properties.
Phakalane Estates are asking for the cancellation of Mpaesele’s rights and interest in Lot 55174, held under deed of transfer No 2699\2002, dated 31 October 2002.
They also want the Court to direct and order that Phakalane Estates resumes ownership of the property against payment by Phakalane Estates to Mpaesele of the sum of P37, 198.81.
In addition, they want Mpaesele to, within 14 days of the date of order, deliver the original floating copy of deed to Phakalane Estates to enable it to apply to the Registrar of Deeds for its cancellation and resumption of ownership of the property. Phakalane Estate shall pay the sum of P37, 198, 81 being 70 percent of the original price of the property paid to Phakalane Estates once property is registered in the name of Phakalane Estates.
In the event of there being any amounts owing to the Gaborone City Council in respect of rates on the property or any mortgage, Phakalane Estates are asking the Court for permission to deduct and pay the amount owing GCC from the amount mentioned above then pay the difference, if any, to Mpaesele.
They further ask for an order that, in the event Mpaesele fails to comply with the above provisions within 30 days of granting of the order, a deputy sheriff be authorized to take all the necessary steps and sign all necessary documentation on behalf of Mpaesele in order to enable Phakalane Estates to resume ownership of property and for Mpaesele to pay costs of the suit.
On the other hand, Onalethata Kambai, of Bayford and Associates, has filed points opposing the application, stating that there was no publication of deeds of transfer as contemplated by Phakalane Estates. Further that there was no certified date of the completion of the township infrastructure by the consultants.
Kambai said that the publication attached to Phakalane Estates does not indicate whether Magang and Company were the consultants or were delegated the authority by consultants to determine and publish such dates of completion of township infrastructure.
As such Kambai further submitted the publication is defective in respect to its lack of specific detail to enable Mpaesele to ascertain whether the alleged completion includes her plot.
In particular that the publication makes reference to phase 1, phase 2 and phase 3 of Phakalane Golf Estate in Phakalane when Mpaesele’s property description describes property situated in Gaborone lot 55173.
Kambai said that the publication fails to convey to Mpaesele the commencement of four years period for erection of the single family residential structure and that Phakalane Estates cannot therefore invoke its right to cancel ownership of property and for the case to be dismissed and Phakalane Estates to pay costs of the case.
