Ramusena v R (CRI/A 18 of 94) [1995] LSCA 28 (3 February 1995)

Ramusena v R (CRI/A 18 of 94) [1995] LSCA 28 (3 February 1995)

Failure to prove the existence of marriage absolves the appellant from maintaining the complainant, but as the natural father, he remains obliged to maintain the child. The rate of maintenance must be determined based on evidence of the appellant's earnings.

Citation
[1995] LSCA 28
Parties
Appellant: Ratsosane Ramusena; Respondent: Rex
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
3 February 1995
Case Number
CRI/A 18 of 94
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
Appeal allowed in part; conviction relating to complainant set aside, conviction relating to child upheld, matter remitted for determination of maintenance rate.
Legal Topics
Maintenance, Proof of Marriage, Child Support
Source Language
English
Family Law Criminal Law Maintenance Proof of Marriage Child Support

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Ratsosane Ramusena

Appellant

Rex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the existence of marriage was proved as required under Section 3(1) of the Deserted Wives and Children Proclamation 60/59
  2. 2 Whether the appellant is obliged to maintain the complainant and/or the child
  3. 3 Whether the rate of maintenance was properly determined

Ratio Decidendi

Failure to prove the existence of marriage absolves the appellant from maintaining the complainant, but as the natural father, he remains obliged to maintain the child. The rate of maintenance must be determined based on evidence of the appellant's earnings.

Court Disposition

Appeal allowed in part; conviction relating to complainant set aside, conviction relating to child upheld, matter remitted for determination of maintenance rate.

Orders

  • Matter remitted to the lower court to be heard by a different Magistrate to determine the appellant's employment status and earnings for appropriate maintenance order for the child.