Chaola V Chaola (CIV/T/677/2018) [2025] LSHC 7 (6 February 2025)

Chaola V Chaola (CIV/T/677/2018) [2025] LSHC 7 (6 February 2025)

The plaintiff failed to prove, on a balance of probabilities, that the defendant's conduct amounted to malicious desertion with the intention to terminate the marriage. The evidence did not establish the necessary elements for divorce on this ground.

Citation
[2025] LSHC 7
Parties
Plaintiff: Khosi Chaola; Defendant: `Matlelima Chaola
Court
High Court
Jurisdiction
Lesotho
Judgment Date
6 February 2025
Case Number
CIV/T/677/2018
Procedural Posture
Divorce Action / Judgment
Outcome
Plaintiff's action dismissed
Legal Topics
Divorce, Malicious Desertion, Custody, Matrimonial Property
Source Language
English

Case Brief

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Parties

Khosi Chaola

Plaintiff

`Matlelima Chaola

Defendant

Procedural Posture

Divorce Action / Judgment

  1. 1 Whether the defendant's conduct amounted to malicious desertion justifying divorce
  2. 2 Whether the plaintiff proved the defendant's intention to terminate the marriage

Ratio Decidendi

The plaintiff failed to prove, on a balance of probabilities, that the defendant's conduct amounted to malicious desertion with the intention to terminate the marriage. The evidence did not establish the necessary elements for divorce on this ground.

Court Disposition

Plaintiff's action dismissed

Orders

  • The action is dismissed
  • Each party to bear its own costs