Harmans v Harmans (CIV/APN/65/2021) [2022] LSHC 83 (5 May 2022)

Harmans v Harmans (CIV/APN/65/2021) [2022] LSHC 83 (5 May 2022)

The points of law raised in limine by the respondent, namely dispute of fact and that the interim relief sought is final in effect, are upheld. Granting the orders sought would finally dispose of the matter without hearing the respondent, which would be unjust. The application is dismissed.

Citation
[2022] LSHC 83
Parties
Applicant: Refiloe Raphoka-Harmans; 1st Respondent: Mothusi Harmans; 2nd Respondent: Magistrate Court – Children Court Division; 3rd Respondent: Officer Commanding – Thetsane Police Station; 4th Respondent: Commissioner of Police; 5th Respondent: The Attorney General
Court
High Court
Jurisdiction
Lesotho
Judgment Date
5 May 2022
Case Number
CIV/APN/65/2021
Procedural Posture
Civil Application / Judgment on Preliminary Objections
Outcome
application dismissed
Legal Topics
Custody of Minor Child, Best Interests of the Child, Jurisdiction, Points in Limine
Source Language
English
Family Law Child Custody Custody of Minor Child Best Interests of the Child Jurisdiction Points in Limine

Case Brief

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Parties

Refiloe Raphoka-Harmans

Applicant

Mothusi Harmans

1st Respondent

Magistrate Court – Children Court Division

2nd Respondent

Officer Commanding – Thetsane Police Station

3rd Respondent

Commissioner of Police

4th Respondent

The Attorney General

5th Respondent

Procedural Posture

Civil Application / Judgment on Preliminary Objections

Legal Issues

  1. 1 Whether the points of law raised in limine are genuine and/or real
  2. 2 Whether the application should be dismissed on the basis of dispute of fact and disguised interim relief with final effect
  3. 3 Which parent is entitled to sole custody of the minor child

Ratio Decidendi

The points of law raised in limine by the respondent, namely dispute of fact and that the interim relief sought is final in effect, are upheld. Granting the orders sought would finally dispose of the matter without hearing the respondent, which would be unjust. The application is dismissed.

Court Disposition

application dismissed