Mabaleka v Lenake (CIV/T 76 of 18) [2020] LSHC 12 (8 June 2020)

Mabaleka v Lenake (CIV/T 76 of 18) [2020] LSHC 12 (8 June 2020)

Both parties were still legally married to other persons at the time of their purported civil marriage, rendering the marriage null and void ab initio. The property in question was acquired and developed solely by the plaintiff, and the defendant made no financial contribution.

Citation
[2020] LSHC 12
Parties
Plaintiff: Motinyelo Mabaleka; Defendant: Mathabo Lenake (a.k.a Mathabo Mabaleka)
Court
High Court
Jurisdiction
Lesotho
Judgment Date
8 June 2020
Case Number
CIV/T 76 of 18
Procedural Posture
Civil / Judgment After Hearing (defendant Absent)
Outcome
Marriage declared null and void ab initio; property retained by plaintiff; no order as to costs.
Legal Topics
Marriage Annulment, Void Marriage, Property Rights on Annulment
Source Language
English
Family Law Marriage Annulment Void Marriage Property Rights on Annulment

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Parties

Motinyelo Mabaleka

Plaintiff

Mathabo Lenake (a.k.a Mathabo Mabaleka)

Defendant

Procedural Posture

Civil / Judgment After Hearing (defendant Absent)

Legal Issues

  1. 1 Whether both parties were still legally married to other persons at the time of the impugned civil marriage
  2. 2 Whether the developed piece of land registered in both parties' names was acquired solely by the plaintiff

Ratio Decidendi

Both parties were still legally married to other persons at the time of their purported civil marriage, rendering the marriage null and void ab initio. The property in question was acquired and developed solely by the plaintiff, and the defendant made no financial contribution.

Court Disposition

Marriage declared null and void ab initio; property retained by plaintiff; no order as to costs.

Orders

  • The purported civil rites marriage entered into by plaintiff and defendant in November 2006 is declared null and void ab initio and of no legal force and effect.
  • Each party shall retain whatsoever property they acquired before and during the purported marriage; in particular, the developed piece of land identified as plot number 13312-893, situated at Joele, Maseru urban area remains the property of the plaintiff together with all developments on it.