AG, Malete Land Board appeal Kgale Farms judgement
The Attorney General (AG) and Malete Land Board have individually decided to appeal the Kgale Farms court outcome that restored the farmland back to the Balete tribe following a lengthy legal battle.
The AG, which represents the Registrar of Deeds in the case, has already filed its notice of appeal at the Court of Appeal (CoA) after failing to be granted an order to cancel the farm’s title deed.
A High Court bench last month denied them the orders by ruling in favour of the Balete in a matter which the tribe was dragged to court for refusing to hand over the control of the Farm to the Board.
The Registrar of Deeds office together with Malete Land Board were pushing for the cancellation of the title deed covering a portion of Farm Forest, known as Hill 9-KO owned and managed by the tribe while the Board insists it is the rightful owner.
In the court papers filed last week, the AG explains it is complaining about the whole judgement and that it wants the orders to be reversed.
According to some of the listed grounds of appeal, the AG argued the court was wrong in ruling that the farm belonged to the tribe rather than the Board.
“The court erred in finding that the land belongs to the tribe and that the land in question did not immediately upon its acquisition in 1925 become part of and fall within the Bamalete Tribal Territory,” AG submitted.
The AG added the court was wrong in finding that the land in terms of the Deed of transfer in respect of the remainder of the farm Forest Hill 9-KO was not included in the Bamalete Tribal Territory in circumstances while the appeals court had expressly found that the land had been included.
Further the AG argued that the bench was wrong to decide on the matter that had already been determined at the Higher Court.
“The court erred with respect, in exercising the jurisdiction and making factual and legal findings upon a matter in which the Court of Appeal had made findings and decisions to the contrary.
The court below was bound by decision of the Court of Appeal in the Quarries of Botswana case,” said the AG.
Subsequently, the AG wants the CoA bench to direct the Registrar of Deeds to cancel Deed of Transfer while directing the tribe to deliver the floating copy of Deed of Transfer.
“Directing that should Kgosi Mosadi Seboko and the Bamalete Trust fail, within 14 days of the date on which they are called upon to do so, sign such documents as they are required in order to ensure the cancellation,” AG argued. Lastly, the AG wants the tribe to pay the costs of appeal jointly and severally should the party fail to successfully defend the appeal.
“The respondents should jointly and severally pay the costs with one paying the other or others to be absolved if more than one respondent oppose the appeal, such costs to include costs consequent upon the employment of two counsels,” said the AG. Meanwhile, the Malete Land Board is yet to file the appeal papers but a decision was reached to appeal.
The Board’s legal advisor, Paul Muzimo confirmed to Mmegi that his client has taken a resolution to appeal the judgement during last week’s Board meeting.
“We have taken the decision to appeal the judgement and we will be filing very soon,” he said.