Mamoletsane Moletsane v Fonane Stephen Moletsane (C of A (CIV) 30 of 13) [2013] LSCA 25 (18 October 2013)

Mamoletsane Moletsane v Fonane Stephen Moletsane (C of A (CIV) 30 of 13) [2013] LSCA 25 (18 October 2013)

The High Court was correct to take judicial notice of the Mapoteng Local Court divorce order, as it was a material and undisputed fact. The reliefs sought by the appellant were no longer available after the divorce, and the interdict could not be granted on the facts as pleaded.

Citation
[2013] LSCA 25
Parties
Appellant: ‘Mamoleetsane Moletsane; Respondent: Fonane Stephen Moletsane
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
18 October 2013
Case Number
C of A (CIV) 30 of 13
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed with costs
Legal Topics
Divorce, Jurisdiction, Interdict, Custody, Costs
Source Language
English
Family Law Civil Procedure Divorce Jurisdiction Interdict Custody Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

‘Mamoleetsane Moletsane

Appellant

Fonane Stephen Moletsane

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the High Court should have disregarded the Mapoteng Local Court divorce order
  2. 2 Whether relief sought in the High Court application was still available after the divorce order
  3. 3 Whether the interdictory relief could be granted in final form

Ratio Decidendi

The High Court was correct to take judicial notice of the Mapoteng Local Court divorce order, as it was a material and undisputed fact. The reliefs sought by the appellant were no longer available after the divorce, and the interdict could not be granted on the facts as pleaded.

Court Disposition

appeal dismissed with costs

Orders

  • Appeal dismissed
  • Appellant to pay costs of the appeal