Makamohelo Lesia v Majoro Lesia (CIV/APN 364 of 2012) [2013] LSHC 7 (21 February 2013)

Makamohelo Lesia v Majoro Lesia (CIV/APN 364 of 2012) [2013] LSHC 7 (21 February 2013)

The respondent, having knowledge of valid court orders restraining him from selling the matrimonial home and from assaulting the applicant, willfully and intentionally disobeyed those orders. His arguments regarding locus standi and improper service are untenable as he was aware of the orders and failed to comply or seek lawful remedy. The court's authority must be upheld by sanctioning such contemptuous conduct.

Citation
[2013] LSHC 7
Parties
Applicant: ‘Makamohelo Lesia; Respondent: Majoro Lesia
Court
High Court
Jurisdiction
Lesotho
Judgment Date
21 February 2013
Case Number
CIV/APN 364 of 2012
Procedural Posture
Civil Application / Judgment on Contempt of Court
Outcome
Application for committal for contempt granted
Legal Topics
Customary Marriage, Matrimonial Property, Interdicts, Contempt of Court
Source Language
English
Family Law Civil Procedure Customary Marriage Matrimonial Property Interdicts Contempt of Court

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Parties

‘Makamohelo Lesia

Applicant

Majoro Lesia

Respondent

Procedural Posture

Civil Application / Judgment on Contempt of Court

Legal Issues

  1. 1 Whether the respondent is in contempt of court orders restraining him from selling the matrimonial home and from assaulting the applicant
  2. 2 Whether the applicant has locus standi to bring the application

Ratio Decidendi

The respondent, having knowledge of valid court orders restraining him from selling the matrimonial home and from assaulting the applicant, willfully and intentionally disobeyed those orders. His arguments regarding locus standi and improper service are untenable as he was aware of the orders and failed to comply or seek lawful remedy. The court's authority must be upheld by sanctioning such contemptuous conduct.

Court Disposition

Application for committal for contempt granted

Orders

  • Respondent committed to prison for thirty (30) days from arrest for contempt of court orders restraining him from selling the matrimonial home and from assaulting, threatening, or harassing the applicant.