Keketso Thulo V Khoboko Thulo (CIV/T/0640/2024) [2025] LSHC 56 (26 February 2025)
The applicant failed to prove that either party is domiciled in Lesotho or that she meets the statutory requirements for extended jurisdiction under section 2(1) of the Matrimonial Causes Jurisdiction Act. The court therefore lacks jurisdiction to grant the divorce.
- Citation
- [2025] LSHC 56
- Parties
- Applicant: Keketso Emily Thulo; Respondent: Khoboko Stephen Thulo
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 26 February 2025
- Case Number
- CIV/T/0640/2024
- Procedural Posture
- Divorce / Judgment
- Outcome
- application dismissed for want of jurisdiction
- Legal Topics
- Divorce, Jurisdiction, Domicile
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Keketso Emily Thulo
Applicant
Khoboko Stephen Thulo
Respondent
Procedural Posture
Divorce / Judgment
Legal Issues
- 1 Whether the High Court of Lesotho has jurisdiction to grant a divorce where the parties' matrimonial home and residence are in South Africa and there is no proof of domicile in Lesotho.
- 2 Whether the applicant satisfies the requirements of section 2(1) of the Matrimonial Causes Jurisdiction Act No. 21 of 1978.
Ratio Decidendi
The applicant failed to prove that either party is domiciled in Lesotho or that she meets the statutory requirements for extended jurisdiction under section 2(1) of the Matrimonial Causes Jurisdiction Act. The court therefore lacks jurisdiction to grant the divorce.
Court Disposition
application dismissed for want of jurisdiction
Full Case Text
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