Family Law

Ramotsoari V Ramotsoari (CIV/T/492/2009) [2021]LSHC 63 (17 November 2021);

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Marriage – Divorce – Adultery – Decree of divorce granted – Matrimonial property – Guilty spouse – Discretion of court – Interests to be considered – Irreconcilability of parties in the divorce proceedings.

Where a divorce has been granted to a wife on grounds of adultery, the disposition of matrimonial property where forfeiture of benefits has been sought in the summons, the court in its discretion can make an order thereof as interests require, especially of children and decree of blameworthiness.

Sanctity of marriage is antithetical to adulterous behavior by the spouse.

 

 

IN THE HIGH COURT OF LESOTHO

Held at Maseru

CIV/T/492/09

In the matter between:

 

LIPUO RAMOTSOARI (nee Nkhabu)                                  PLAINTIFF

And

TELEKO RAMOTSOARI                                                     DEFENDANT

 

JUDGMENT

Neutral citation: Lipuo Ramotsoari v Teleko Ramotsoari (CIV/T/492/2009)

[2021] LSHC 117

 

Sekeleoane V Sekeleoane (CIV/T/769/2015) [2021]LSHC 43 (23 February 2021);

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Administration of estates – application by residual legatee to remove the curator bonis and to review and set aside an interdict preserving status quo pending outcome in main case – whether applicant has locus standi – Administration of Estates Proclamation 1935, sections 101 and 109.

 

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

Held at Maseru

CIV/T/769/2015

 

In the matter between:

 

 

LINEO EDWINA NKOSI SEKELEOANE NO                  1ST APPLICANT

                  

 And

 

DENISE SEKELEOANE AND 14 OTHERS                       RESPONDENTS

 

 

Neutral Citation: Sekeleoane NO v. Sekeleoane And 14 Others [2021] LSHC Civ 13 (23 February 2021)

 

Mokhahlane V Mokhahlane (CIV/APN/362/2019) [2021]LSHC 41 (22 April 2021);

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                                                      SUMMARY:

CUSTOMARY LAW OF SUCCESSION: Formalities for issuing written instructions- The deceased issuing written instructions in the absence of the heir or a family member, and without publicising the decision to the family- Written instructions declared invalid.

 

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/362/2019

 

In the matter between:

 

SETENE MOKHAHLANE                                          APPLICANT

 

AND

 

‘MABAKUENA TEMA (NEE MOKHAHLANE)       1st RESPONDENT

KANANA COMMUNITY COUNCIL                         2nd RESPONDENT

Leshapa V Leshapa (CIV/APN/434/2020) [2021]LSHC 33 (17 June 2021);

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SUCCESSION: The applicant is seeking to annul the Will of his late grandmother in terms of which she bequeathed certain immovable property to his sister (1st respondent)- the 1st respondent failing to discharge the onus resting on her to prove that the deceased had abandoned her customary mode of life in favour of the European one, when she allegedly executed the Will- held, the application should succeed.

 

 

 

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/434/2020

 

In the matter between:

 

RETŠELISITSOE LESHAPA                                      APPLICANT

 

AND

 

LISEBO LESHAPA                                                     1ST RESPONDENT

RE: ESTATE LATE ‘MAMOKHELE LESHAPA      2ND RESPONDENT

Theko v Makatla (CIV/APN/212/2021) [2021]LSHC 27 (24 August 2021);

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BIRTHS AND DEATHS: Applicants instituting an urgent application for exhumation of the deceased’s body for purposes of conducting postmortem examination barely a month after agreeing that the deceased should be buried- Application dismissed on a punitive scale for lack of urgency.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/212/2021

 

In the matter between:

 

MOLEFI THEKO                                                        1ST APPLICANT

MACHABE THEKO                                                    2ND APPLICANT

 

AND

 

LEBOHANG MAKATLA                                            1ST RESPONDENT

Lifero V Lifero (CIV/APN/228/2020) [2021]LSHC 25 (17 June 2021);

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FAMILY LAW: The existence of marriage following elopement and in situation where the no negotiations on marriage and amount of bohali to be paid having taken place- the parties having lived together for almost five years as husband and wife after the plaintiff’s acceptance into the family per usual customary rituals- Held, on the conspectus of all the evidence, marriage exist and that the deceased’s family are estopped from denying the existence of marriage.

 

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                    CIV/APN/228/2020

 

In the matter between:

 

‘MAQENEHELO SEFATE-LIFERO                          APPLICANT

 

AND

 

‘MAMOLEBOHENG LIFERO                                   1ST RESPONDENT

THUSO LIFERO                                                          2ND RESPONDENT

Lehana v Letlaka (CIV/T/554/07) [2020] LSHC 50 (26 May 2020);

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 IN THE HIGH COURT OF LESOTHO

 

 

HELD AT MASERU                                                    CIV/T/554/07

 

In the matter between

 

PALESA LEHANA                                                      1st PLAINTIFF

 

MAMORENA MAKHETHA                                      

(born Lerato Lehana)                                                   2nd PLAINTIFF

 

Mokhele vMokhele (CIV/T/48/14) [2019] LSHC 63 (14 November 2019);

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Matrimonial Causes: An order of forfeiture of benefits of marriage following a degree of divorce on the ground of malicious desertion – Principles applicable articulated.

IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                                                         CIV/T/48/2014

 

In the Matter Between:-

 

‘MAKATLEHO MOKHELE                                                             PLAINTIFF

AND

TOTA MOKHELE                                                                             DEFENDANT

Moshoeshoe v Moshoeshoe (C of A (CIV) 81/19) [2020] LSCA 47 (30 October 2020);

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Marriage — Divorce — Proprietary rights —Parties married in community of property - Marriage in community of property — Legal Capacity of Married Persons Act, 2006 - the legal effect of the property allegedly alienated by the respondent on the division of the joint estate.

Appeal - Pension interest   of member by operation of law vesting in joint estate, to which parties entitled as at date of divorce — Divorce Act 70 of 1979, ss 7(7)(a) and (8).

 

 

 

 

 

IN THE COURT OF APPEAL OF LESOTHO

 

HELD AT MASERU                            C OF A (CIV) N0.81/2019

                                                               

                                               

In the matter between:               

 

MAFA MOSHOESHOE                                             APPELLANT

                                               

AND

 

Mabaleka v Lenake (CIV/T/76/18) [2020] LSHC 12 (08 June 2020);

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IN THE HIGH COURT OF LESOTHO

 

HELD AT MASERU                                              CIV/T/76/18

 

In the matter between

 

MOTINYELO MABALEKA                                             PLAINTIFF

 

And

 

MATHABO LENAKE (a.k.a MATHABO MABALEKA)        DEFENDANT

 

JUDGEMENT

 

Coram: Banyane AJ

Date of Hearing: 16/03/2020

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