R v Motseki (CRI/ 45 of 96) [1996] LSHC 31 (19 February 1996)

R v Motseki (CRI/ 45 of 96) [1996] LSHC 31 (19 February 1996)

The appellant was properly found to be the father of the child based on admissions and evidence of cohabitation, and was therefore liable for maintenance under the law. The issues of marriage and paternity were not res judicata. The conviction was upheld.

Citation
[1996] LSHC 31
Parties
Appellant: Seboeane Motseki; Respondent: R Ex
Court
High Court
Jurisdiction
Lesotho
Judgment Date
19 February 1996
Case Number
CRI/ 45 of 96
Procedural Posture
Criminal Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Maintenance of Children, Paternity, Res Judicata, Criminal Liability for Maintenance
Source Language
English
Family Law Criminal Law Maintenance of Children Paternity Res Judicata Criminal Liability for Maintenance

Case Brief

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Parties

Seboeane Motseki

Appellant

R Ex

Respondent

Procedural Posture

Criminal Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the appellant is the father of the child for maintenance purposes
  2. 2 Whether the issues of marriage and paternity were res judicata
  3. 3 Whether the appellant was properly convicted under Section 3 of Proclamation No 60/59 as amended

Ratio Decidendi

The appellant was properly found to be the father of the child based on admissions and evidence of cohabitation, and was therefore liable for maintenance under the law. The issues of marriage and paternity were not res judicata. The conviction was upheld.

Court Disposition

appeal dismissed