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Lesotho Case Law

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Family law [2014] LSHC 14

Masentle Mapuru v Makara Mapuru (CIV/T 371 of 2012)

Masentle Mapuru v Makara Mapuru (CIV/T 371 of 2012) [2014] LSHC 14 (4 June 2014)

The High Court of Lesotho granted divorce after finding the husband’s offer to restore conjugal rights was not genuine and amounted to constructive desertion.

  • Divorce
  • Constructive desertion
  • Restitution of conjugal rights
  • Family-law
  • Constructive-desertion
  • Restitution-of-conjugal-rights
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Family law [2012] LSCA 31

Hoohlo v Hoohlo (C of A (CIV) 66 of 2011)

Hoohlo v Hoohlo (C of A (CIV) 66 of 2011) [2012] LSCA 31 (3 September 2012)

The Court of Appeal held that the appellant was not given enough time to restore conjugal rights and extended the restitution order, setting aside the divorce order.

  • Divorce
  • Restitution of conjugal rights
  • Malicious desertion
  • Family-law
  • Restitution-of-conjugal-rights
  • Malicious-desertion
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Family law [2012] LSHC 5

Hoohlo v Hoohlo (CIV/T 114 of 2008)

Hoohlo v Hoohlo (CIV/T 114 of 2008) [2012] LSHC 5 (13 March 2012)

The marriage had no substantial existence independent of parental influence, attempts at reconciliation were half-hearted and unsuccessful, and it would be futile and impractical to order restitution. The marriage is dissolved and divorce granted.

  • Divorce
  • Restitution of conjugal rights
  • Custody
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Family law [1997] LSHC 86

Makhethe v Makhethe (CTV/T 564 of 95)

Makhethe v Makhethe (CTV/T 564 of 95) [1997] LSHC 86 (20 October 1997)

The defendant's attempt to restore conjugal rights was not genuine and was a ruse to avoid divorce; the plaintiff proved malicious desertion and is entitled to divorce. Ancillary matters are to be addressed on a later date.

  • Divorce
  • Malicious desertion
  • Restitution of conjugal rights
  • Custody
  • Maintenance
  • Forfeiture of benefits
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Family law [1986] LSCA 27

Mohammed v Mohammed (C of A (CIV) 14 of 1985)

Mohammed v Mohammed (C of A (CIV) 14 of 1985) [1986] LSCA 27 (9 April 1986)

Appeal partly succeeded on jurisdiction and pleading issues in a matrimonial dispute, with the Court of Appeal allowing amendment and restoring judicial-separation relief.

  • Jurisdiction
  • Restitution of conjugal rights
  • Divorce
  • Judicial separation
  • Interim relief
  • Amendment of pleadings
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Family law [1983] LSCA 68

Molapo v Molapo (C of A (CIV) 4 of 1983)

Molapo v Molapo (C of A (CIV) 4 of 1983) [1983] LSCA 68 (6 July 1983)

The Court of Appeal referred a divorce matter back to the High Court after finding irregular service of a restitution order and unresolved dispute over an alleged attorney agreement.

  • Restitution of conjugal rights
  • Divorce
  • Custody
  • Maintenance
  • Service of process
  • Family-law
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Family law [1983] LSCA 32

Molapo v Molapo (CIV/T 224 of 82)

Molapo v Molapo (CIV/T 224 of 82) [1983] LSCA 32 (22 April 1983)

The court confirmed a rule nisi and granted a divorce after finding the defendant failed to comply with a restitution order within the time fixed.

  • Divorce
  • Restitution of conjugal rights
  • Malicious desertion
  • Compliance with court orders
  • Restitution-of-conjugal-rights
  • Rule-nisi
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Lesotho decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.