Khoeli v Khoeli (CIV/T 42 of 2010) [2011] LSHC 145 (10 August 2011)

Khoeli v Khoeli (CIV/T 42 of 2010) [2011] LSHC 145 (10 August 2011)

The plaintiff failed to discharge the onus of proving that the defendant acted with a settled intention to terminate the marriage or made life intolerable to the extent required by law for constructive desertion.

Source-derived case information.

Citation
[2011] LSHC 145
Parties
Plaintiff: Mamatšeliso Khoeli (nee Motlalepula); Defendant: Kori Khoeli
Court
High Court
Jurisdiction
Lesotho
Judgment Date
10 August 2011
Case Number
CIV/T 42 of 2010
Procedural Posture
Divorce Action / Judgment
Outcome
claim dismissed
Legal Topics
Divorce, Constructive Desertion, Matrimonial Disputes
Source Language
english
Family Law Divorce Constructive Desertion Matrimonial Disputes

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Summary, issues, holding and outcome

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Parties

Mamatšeliso Khoeli (nee Motlalepula)

Plaintiff

Kori Khoeli

Defendant

Procedural Posture

Divorce Action / Judgment

Legal Issues

  1. 1 Whether the defendant's conduct amounted to constructive desertion justifying a decree of divorce

Ratio Decidendi

The plaintiff failed to discharge the onus of proving that the defendant acted with a settled intention to terminate the marriage or made life intolerable to the extent required by law for constructive desertion.

Court Disposition

claim dismissed

Orders

  • Plaintiff's claim for divorce is dismissed.
  • Each party to bear its own costs.