Lesotho Case Law

Pulane Letseka V Rets'elisitsoe Sootho (CIV/T/0182/2022)

Pulane Letseka V Rets'elisitsoe Sootho (CIV/T/0182/2022) [2024] LSHC 110 (19 December 2024)

Court

High Court

Case number

CIV/T/0182/2022

There were no proven changes in the circumstances of the custodial parent or the children that were inimical to the best interests of the children to justify varying the custody order. The evidence showed the children were better cared for in the father's custody, and the applicant was unable to provide adequate care, support, or ensure their schooling. The application was improperly brought under Rule 45(1)(a), but the court exercised discretion to consider the merits in the children's interests and found no grounds for variation.

Source excerpt

• Variation of custody orders
• Best interests of the child
• Jurisdiction of high court
• Enforcement of court orders
• Access rights of non-custodial parent

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Harmans v Harmans (CIV/APN/65/2021)

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

Court

High Court

Case number

CIV/APN/65/2021

The High Court dismissed a custody application after upholding preliminary objections that the relief sought was final in effect and could not properly proceed on affidavit.

• Custody of minor child
• Best interests of the child
• Jurisdiction
• Points in limine
• Child-custody
• Best-interests-of-the-child

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Mookho Motanya v Tlhoriso Makenete (CIV/APN 125 of 2013)

Mookho Motanya v Tlhoriso Makenete (CIV/APN 125 of 2013) [2013] LSHC 70 (6 November 2013)

Court

High Court

Case number

CIV/APN 125 of 2013

The High Court of Lesotho granted a grandmother custody of a minor child, holding that the child’s best interests were served by placing her with the applicant.

• Custody of minor child
• Best interests of the child
• Parental rights
• Inheritance and estate of deceased
• Child-custody
• Best-interests-of-the-child

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Mapetla v Leboela (C of A (CIV) 44 of 11)

Mapetla v Leboela (C of A (CIV) 44 of 11) [2012] LSCA 2 (10 February 2012)

Court

Court of Appeal

Case number

C of A (CIV) 44 of 11

The Court of Appeal set aside a custody order, holding the High Court failed to investigate the child’s best interests and relied on insufficient evidence.

• Custody of minor
• Best interests of the child
• Guardianship
• Retrospectivity of legislation
• Child-custody
• Best-interests-of-the-child

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