SUMMARY
Even against the fractious cohabitation of the parties it became overwhelming to conclude that Defendant’s adultery and malicious desertion had been proved to result inevitable in a divorce order.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU CIV/T/02/2016
In the matter between:
THABISO BEUKES PLAINTIFF
And
MAMPHO BEUKES DEFENDANT
JUDGEMENT
Summary
Husband and wife – custody of the child – Best interests of the child – What is? - Minor child attending school in a foreign country – Child moved on to Lesotho – By father’s unilateral actions – Best interest of the child – Mother still working in Mozambique – Parties having since divorced.
IN THE HIGH COURT OF LESOTHO
HELD AT MASERU
CIV/APN/65/2021
In the matter between:-
REFILOE RAPHOKA - HARMANS APPLICANT
Summary
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
SUMMARY
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)
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
SUMMARY
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
SUMMARY
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
SUMMARY
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
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
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
