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Lesotho Case Law

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Family law [2022] LSHC 123

Beukes v Beukes (CIV/T/02/2016)

Beukes v Beukes (CIV/T/02/2016) [2022] LSHC 123 (15 September 2022)

Divorce trial de novo in which the High Court found adultery proved on a balance of probabilities and granted divorce, forfeiture, and custody orders.

  • Divorce
  • Adultery
  • Malicious desertion
  • Custody of children
  • Forfeiture of property
  • Malicious-desertion
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Family law [2019] LSCA 52

Phae v Ramainoane (C of A (CIV) 56 of 2017)

Phae v Ramainoane (C of A (CIV) 56 of 2017) [2019] LSCA 52 (1 November 2019)

The customary marriage between the 1st respondent and the deceased was null and void ab initio due to the existence of a prior civil marriage, and the appellant had locus standi to seek a declaration to that effect. However, the reliefs regarding burial and custody of children had become moot or required separate proceedings.

  • Validity of customary marriage
  • Burial rights
  • Locus standi
  • Custody of children
  • Mootness
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Family law [2013] LSHC 89

Moletsane v Moletsane (CIV/APN 534 of 11)

Moletsane v Moletsane (CIV/APN 534 of 11) [2013] LSHC 89 (28 May 2013)

The High Court dismissed an application to move a customary divorce from Local Court, holding the stay prayer was moot and leave under section 6(b) was unwarranted.

  • Divorce
  • Custody of children
  • Jurisdiction
  • Interdicts
  • Removal of proceedings
  • Maintenance
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Family law [2001] LSCA 120

Mokokomali v Mokokomali (CIV/T 344 of 2000)

Mokokomali v Mokokomali (CIV/T 344 of 2000) [2001] LSCA 120 (5 October 2001)

Ancillary divorce relief in a Lesotho family case: custody, maintenance, matrimonial home occupation, and property division were determined in the children’s best interests.

  • Custody of children
  • Maintenance
  • Division of matrimonial property
  • Family-law
  • Child-custody
  • Child-maintenance
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Family law [1994] LSCA 43

Namane v Namane (CIV/T 14 of 91)

Namane v Namane (CIV/T 14 of 91) [1994] LSCA 43 (3 March 1994)

The High Court granted divorce on the ground of adultery, ordered forfeiture of marital benefits, and divided custody of the parties' children between them.

  • Divorce
  • Adultery
  • Custody of children
  • Forfeiture of marital benefits
  • Child-custody
  • Forfeiture-of-marital-benefits
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Family law [1990] LSCA 174

Makara v Makara (CIV/T 191 of 90)

Makara v Makara (CIV/T 191 of 90) [1990] LSCA 174 (19 November 1990)

The High Court of Lesotho refused most interim family-law relief after finding the applicant had not shown a prima facie case, but ordered release of two parcels of belongings.

  • Custody of children
  • Maintenance pendente lite
  • Interdicts
  • Contribution to legal costs
  • Family-law
  • Child-custody
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Family law [1989] LSCA 129

Tekane v Tekane (CIV/T 401 of 85)

Tekane v Tekane (CIV/T 401 of 85) [1989] LSCA 129 (8 November 1989)

The High Court of Lesotho dismissed the husband’s divorce claim, accepted the wife’s counter-claim for judicial separation, and ordered interim maintenance.

  • Divorce
  • Judicial separation
  • Custody of children
  • Forfeiture of benefits
  • Maintenance
  • Judicial-separation
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Family law [1989] LSCA 106

Monapathi (born Sennane) v Monaphathi (CIV/T 104 of 87)

Monapathi (born Sennane) v Monaphathi (CIV/T 104 of 87) [1989] LSCA 106 (7 September 1989)

The defendant, having maliciously deserted the plaintiff, must forfeit the house, all furniture, and the motor vehicle bought by the plaintiff. Custody of the daughter is awarded to the plaintiff and custody of the son to the defendant, based on the children's preferences and welfare. The defendant is ordered to pay maintenance for the daughter and contribute to the plaintiff's legal costs.

  • Divorce
  • Custody of children
  • Forfeiture of benefits
  • Maintenance
  • Division of matrimonial property
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Family law [1989] LSCA 43

Sematlane (born Mokhele) v Sematlane (CIV/APN 33 of 88)

Sematlane (born Mokhele) v Sematlane (CIV/APN 33 of 88) [1989] LSCA 43 (19 April 1989)

The High Court of Lesotho granted leave to institute divorce proceedings, finding special circumstances because custody and maintenance of minor children were central to the dispute.

  • Divorce
  • Custody of children
  • Maintenance of children
  • Jurisdiction
  • Customary law
  • Child-custody
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Family law [1984] LSCA 4

Seotlo v Seotlo (CIV/APN 262 of 82)

Seotlo v Seotlo (CIV/APN 262 of 82) [1984] LSCA 4 (18 January 1984)

The court varied a maintenance order for two minor children, reallocating school fees between the parents and reducing monthly maintenance to M50 per child.

  • Maintenance
  • Variation of court orders
  • Custody of children
  • Family-law
  • Child-maintenance
  • Variation-of-court-orders
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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.