Moletsane v Moletsane (CIV/APN 475 of 96) [1997] LSHC 17 (11 February 1997)

Moletsane v Moletsane (CIV/APN 475 of 96) [1997] LSHC 17 (11 February 1997)

The application was fatally defective due to non-compliance with affidavit formalities, material non-disclosure of facts relevant to the custody of the children, and lack of locus standi as the applicant, a married woman, sued unassisted by her husband. The High Court also lacked jurisdiction as the matter fell within the Central and Local Courts' purview.

Citation
[1997] LSHC 17
Parties
Applicant: 'Mabataung Moletsane; Respondent: David Mohapi Moletsane
Court
High Court
Jurisdiction
Lesotho
Judgment Date
11 February 1997
Case Number
CIV/APN 475 of 96
Procedural Posture
Civil Application / Judgment After Hearing on Points in Limine
Outcome
Application dismissed with costs; Rule Nisi discharged.
Legal Topics
Child Custody, Locus Standi, Non Disclosure, Jurisdiction, Affidavit Formalities
Source Language
English
Family Law Civil Procedure Customary Law Child Custody Locus Standi Non Disclosure Jurisdiction Affidavit Formalities

Case Brief

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Parties

'Mabataung Moletsane

Applicant

David Mohapi Moletsane

Respondent

Procedural Posture

Civil Application / Judgment After Hearing on Points in Limine

Legal Issues

  1. 1 Whether the applicant's affidavits complied with mandatory formal requirements
  2. 2 Whether the applicant was guilty of material non-disclosure in an ex parte application
  3. 3 Whether the applicant, a married woman, had locus standi to sue unassisted by her husband

Ratio Decidendi

The application was fatally defective due to non-compliance with affidavit formalities, material non-disclosure of facts relevant to the custody of the children, and lack of locus standi as the applicant, a married woman, sued unassisted by her husband. The High Court also lacked jurisdiction as the matter fell within the Central and Local Courts' purview.

Court Disposition

Application dismissed with costs; Rule Nisi discharged.

Orders

  • Application dismissed with costs
  • Rule Nisi discharged