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
Summary, issues, holding and outcome
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Parties
Khosi Chaola
Plaintiff
`Matlelima Chaola
Defendant
Procedural Posture
Divorce Action / Judgment
Legal Issues
- 1 Whether the defendant's conduct amounted to malicious desertion justifying divorce
- 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
Full Case Text
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