Masentle Mapuru v Makara Mapuru (CIV/T 371 of 2012) [2014] LSHC 14 (4 June 2014)
The defendant's offer to restore conjugal rights was not genuine, as evidenced by his conduct, lack of meaningful effort, and continued cohabitation with another woman, amounting to constructive desertion.
- Citation
- [2014] LSHC 14
- Parties
- Plaintiff: ‘Masentle Mapuru; Defendant: Makara Mapuru
- Court
- High Court
- Jurisdiction
- Lesotho
- Judgment Date
- 4 June 2014
- Case Number
- CIV/T 371 of 2012
- Procedural Posture
- Divorce / Judgment
- Outcome
- Decree of divorce granted on account of defendant’s constructive desertion.
- Legal Topics
- Divorce, Constructive Desertion, Restitution of Conjugal Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
‘Masentle Mapuru
Plaintiff
Makara Mapuru
Defendant
Procedural Posture
Divorce / Judgment
Legal Issues
- 1 Whether the defendant's offer to restore conjugal rights was genuine
- 2 Whether the defendant's conduct amounted to constructive desertion
Ratio Decidendi
The defendant's offer to restore conjugal rights was not genuine, as evidenced by his conduct, lack of meaningful effort, and continued cohabitation with another woman, amounting to constructive desertion.
Court Disposition
Decree of divorce granted on account of defendant’s constructive desertion.
Orders
- Divorce granted. Ancillary matters postponed to 11/06/2014.
Full Case Text
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