Rapeane v Rapeane (C of A (CIV) 5 of 1993) [1994] LSCA 119 (22 July 1994)

Rapeane v Rapeane (C of A (CIV) 5 of 1993) [1994] LSCA 119 (22 July 1994)

The obligation to pay maintenance continues until the division of the joint estate is completed; depletion of the estate does not fulfill the condition for cessation of maintenance as contemplated by the court order.

Citation
[1994] LSCA 119
Parties
Appellant: Samson Rapeane; Respondent: Bernadette Rapeane
Court
Court of Appeal
Jurisdiction
Lesotho
Judgment Date
22 July 1994
Case Number
C of A (CIV) 5 of 1993
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Maintenance, Division of Joint Estate, Stay of Execution, Res Judicata
Source Language
English
Family Law Civil Procedure Maintenance Division of Joint Estate Stay of Execution Res Judicata

Case Brief

Summary, issues, holding and outcome

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Parties

Samson Rapeane

Appellant

Bernadette Rapeane

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant's obligation to pay maintenance had ceased upon depletion of the joint estate
  2. 2 Whether the stay of execution should be granted pending finalisation of another application

Ratio Decidendi

The obligation to pay maintenance continues until the division of the joint estate is completed; depletion of the estate does not fulfill the condition for cessation of maintenance as contemplated by the court order.

Court Disposition

appeal dismissed

Orders

  • The appeal is dismissed with costs.