Liboti v Liboti (C of A (CIV) 66 of 2019) [2020] LSCA 1 (29 May 2020)

Liboti v Liboti (C of A (CIV) 66 of 2019) [2020] LSCA 1 (29 May 2020)

The High Court erred by granting orders not sought by the parties and without hearing evidence, and by awarding property contrary to the pleadings and without proper substantiation, warranting absolution from the instance.

Citation
[2020] LSCA 1
Parties
Appellant: ‘Mamokotjo Liboti; Respondent: Mpoi Liboti
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
29 May 2020
Case Number
C of A (CIV) 66 of 2019
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal allowed
Legal Topics
Absolution From the Instance, Division of Joint Estate, Orders Not Sought by Parties
Source Language
English
Civil Procedure Family Law Absolution From the Instance Division of Joint Estate Orders Not Sought by Parties

Case Brief

Summary, issues, holding and outcome

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Parties

‘Mamokotjo Liboti

Appellant

Mpoi Liboti

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court erred in granting the order without hearing any evidence from the parties
  2. 2 Whether the High Court erred in granting orders not sought by the plaintiff (respondent)

Ratio Decidendi

The High Court erred by granting orders not sought by the parties and without hearing evidence, and by awarding property contrary to the pleadings and without proper substantiation, warranting absolution from the instance.

Court Disposition

appeal allowed

Orders

  • The appeal succeeds with costs.
  • The order of the High Court is altered to read: 'The defendant is absolved from the instance with costs.'