Tlalajoe v Tlalajoe (CIV/T 308 of 16) [2020] LSHC 40 (15 October 2020)

Tlalajoe v Tlalajoe (CIV/T 308 of 16) [2020] LSHC 40 (15 October 2020)

The order dividing the joint estate based on the value of the immovable property prior to its development was justified, as the applicant did not oppose the application or provide a counter-valuation, and the movables were of no value.

Citation
[2020] LSHC 40
Parties
Plaintiff: ‘Marethabile Tlalajoe; Defendant: Teboho Tlalajoe
Court
High Court
Jurisdiction
Lesotho
Judgment Date
15 October 2020
Case Number
CIV/T 308 of 16
Procedural Posture
Civil / Application for Rescission of Judgment
Outcome
application dismissed with costs
Legal Topics
Rescission of Judgment, Division of Joint Estate, Divorce, Valuation of Property
Source Language
English
Civil Procedure Family Law Rescission of Judgment Division of Joint Estate Divorce Valuation of Property

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

‘Marethabile Tlalajoe

Plaintiff

Teboho Tlalajoe

Defendant

Procedural Posture

Civil / Application for Rescission of Judgment

Legal Issues

  1. 1 Whether the order dividing the joint estate was erroneously granted in the absence of the applicant under Rule 45(1)(a)
  2. 2 Whether the valuation used for division was appropriate

Ratio Decidendi

The order dividing the joint estate based on the value of the immovable property prior to its development was justified, as the applicant did not oppose the application or provide a counter-valuation, and the movables were of no value.

Court Disposition

application dismissed with costs

Orders

  • application dismissed with costs