MASERU — The High Court has dismissed an application by the Anglican Church to stop the Lesotho Evangelical Church from building a chapel at the National University of Lesotho (NUL) campus in Roma.
The Anglican Church filed an urgent application at the High Court last year seeking to block the Evangelical Church from building their church at the campus.
The Anglicans argued that the land on which the Evangelical Church was building their chapel belonged to them.
In a judgment delivered on Monday, High Court Judge Thamsanqa Nomncongo said the application by the Anglican Church was an abuse of the court process.
Justice Nomncongo said the Anglican Church had failed to act to evict the Evangelical Church when it occupied the site in 1999.
“The applicants remained silent when the 1st respondent (Evangelical Church) started fencing the site in 1999, but when they have already started construction nine years later they approach the court on an urgent basis.
“This is clearly an abuse of the court process. Therefore the application is dismissed with costs,” Justice Nomncongo ruled.
The Evangelical Church argued in court papers that they had been allocated the piece of land by the university’s board of development.
The Anglican Church argued that the NUL’s board of development had no powers to make decisions on behalf of the university.
It said only the university council had powers to make decisions on behalf of the university.
The Anglican Church however argued that the site on which the Evangelical Church was building their church belonged to them. The church said it acquired the site in 1964.
The church argued that whoever had allocated the site to the Evangelical Church had done so wrongfully.
Advocate Karabo Mohau, who represented the Evangelical Church, said the board had been mandated by the university council to perform duties that included the allocation of land within the university campus.
Justice Nomncongo upheld Mohau’s argument and ruled in favour of the Evangelical Church.
He said he would give full reasons for the judgment later.
“The application is dismissed with costs. Full reasons will follow,” said Justice Nomncongo.
