Monday, October 26, 2020

Malan appeal reaches Court of Appeal

Abraham Malan has appealed against Lobatse High Court judge Michael Leburu judgment which confirmed an earlier judgment by President of the Land Tribunal, Phetsholo Nare, which dismissed his claims over some portions of land in Kgatleng District.

The appeal was confirmed by Dutch Leburu, who is representing the Kgatleng Land Board.

“I can confirm that Malan is appealing against the judgment of the High Court and that the appeal is scheduled to be heard in April.”

In his judgment that dismissed Malan appeal to his Court, Leburu amongst other things dismissed claims for Bokaa properties based on a letter of inheritance said to have been written by his father in 1994. He said that it was necessary that other evidence should have been produced to prove that the letter was indeed written by his father.

In absence of such authentication, Leburu said that no relevance would be placed on the letter and the claim is therefore baseless and unfounded. On claims regarding the residential stand adjoining the General Dealer, he said it is similarly dismissed because there was no authentication of the donation letter making reference to the shop stand.

On Malan’s claims that he should be compensated for Bokaa boreholes, Leburu said that the boreholes were not included in the donation letter and that Malana just claims that he inherited the boreholes from his father who was given them by a certain Steinberg. Here again he said there was no evidence that he had indeed inherited the boreholes as claimed.

He said the Land board’s is that the boreholes had been abandoned and as such had reverted to it in accordance with law. On this he said that he agreed with the Land Tribunal whichhad found that abandoned land should revert to the original owner the Land board.

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