Hoohlo v Hoohlo (CIV/T 114 of 2008) [2012] LSHC 5 (13 March 2012)

Hoohlo v Hoohlo (CIV/T 114 of 2008) [2012] LSHC 5 (13 March 2012)

The marriage had no substantial existence independent of parental influence, attempts at reconciliation were half-hearted and unsuccessful, and it would be futile and impractical to order restitution. The marriage is dissolved and divorce granted.

Source-derived case information.

Citation
[2012] LSHC 5
Parties
Plaintiff: Mphekeleli Hoohlo; Defendant: 'Mamaphoesa Hoohlo
Court
High Court
Jurisdiction
Lesotho
Judgment Date
13 March 2012
Case Number
CIV/T 114 of 2008
Procedural Posture
Divorce / Judgment
Outcome
Divorce granted
Legal Topics
Divorce, Restitution of Conjugal Rights, Custody
Source Language
english
Family Law Divorce Restitution of Conjugal Rights Custody

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Summary, issues, holding and outcome

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Parties

Mphekeleli Hoohlo

Plaintiff

'Mamaphoesa Hoohlo

Defendant

Procedural Posture

Divorce / Judgment

Legal Issues

  1. 1 Whether the marriage between the parties should be dissolved due to irretrievable breakdown
  2. 2 Whether an order for restitution of conjugal rights is appropriate
  3. 3 Custody of the child

Ratio Decidendi

The marriage had no substantial existence independent of parental influence, attempts at reconciliation were half-hearted and unsuccessful, and it would be futile and impractical to order restitution. The marriage is dissolved and divorce granted.

Court Disposition

Divorce granted

Orders

  • Marriage between Plaintiff and Defendant dissolved
  • Custody of the child awarded to Mrs Hoohlo