Moeketsi Maraka v Mampaka Maraka (CIV/T 484 of 2013) [2014] LSHC 24 (12 August 2014)

Moeketsi Maraka v Mampaka Maraka (CIV/T 484 of 2013) [2014] LSHC 24 (12 August 2014)

Plaintiff failed to disclose his own adultery and did not seek condonation; he approached the court with dirty hands and is the guilty party, thus cannot obtain a decree of divorce.

Citation
[2014] LSHC 24
Parties
Plaintiff: Moeketsi Maraka; Defendant: ‘Mampaka Maraka (Nee Mokitjimi)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
12 August 2014
Case Number
CIV/T 484 of 2013
Procedural Posture
Divorce / Judgment
Outcome
claim dismissed with costs
Legal Topics
Divorce, Adultery, Malicious Desertion, Fault Principle
Source Language
English
Family Law Divorce Adultery Malicious Desertion Fault Principle

Case Brief

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Parties

Moeketsi Maraka

Plaintiff

‘Mampaka Maraka (Nee Mokitjimi)

Defendant

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the defendant committed adultery justifying divorce
  2. 2 Whether the defendant maliciously deserted the plaintiff
  3. 3 Whether the plaintiff's own adultery bars his claim for divorce

Ratio Decidendi

Plaintiff failed to disclose his own adultery and did not seek condonation; he approached the court with dirty hands and is the guilty party, thus cannot obtain a decree of divorce.

Court Disposition

claim dismissed with costs

Orders

  • Plaintiff's claim for divorce is dismissed with costs.