Customary Court saves Kumakwane man from eviction

Nnasaretha Kgamanyane | Tuesday September 2, 2014 13:08

After years of agony, Hill Sebobi went home a happy man after he finally won the right to stay in his father’s land in Kumakwane.

He got the reprieve after a lengthy battle with his cousin and neighbour, Daniel Rakaesi who had been given the right to evict him by Kgosi Thobega. A three-man bench led by Customary Court of Appeal president, Mothibe Linchwe quashed Thobega’s ruling and allowed Sebobi to stay in the land he inherited from his parents.

The Court of Appeal said that Thobega did not conduct investigations as required by the court before giving the order for Rakaesi to evict Sebobi. In the judgement, Linchwe said he was frustrated by Thobega’s laziness to follow appropriate steps in the case.

“In this case, Kgosi did not go in person to investigate the land or see how big it was but rather sent his administrator and driver to do so.

If he was not feeling well or was busy, he could have sent his headman as they know and understand much better about the issue at hand than the people he sent,” he said.

Linchwe added that unlike, Rakaesi whom he termed as a greedy man, Sebobi proposed that they both stay in the land their parents left them.

He said that when conducting investigations, the court realised that the Rakaesi wanted to give the land to one of his children.

Sebobi told the court that their parents agreed to stay together in harmony till they died. He told the court that he wished that he could retain that peace and harmony with Rakaesi.

“This court orders Rakaesi to leave Sebobi alone as unlike him, the complainant has a land certificate so we order that he keeps his land without being obstructed by anything or anyone,” Linchwe said. He gave Rakaesi 30 days to appeal to the High Court if he is not happy with the judgement.