Masentle Mapuru v Makara Mapuru (CIV/T 371 of 2012) [2014] LSHC 14 (4 June 2014)

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

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Parties

‘Masentle Mapuru

Plaintiff

Makara Mapuru

Defendant

Procedural Posture

Divorce / Judgment

  1. 1 Whether the defendant's offer to restore conjugal rights was genuine
  2. 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.