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Lesotho Case Law

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Family law [2020] LSCA 47

Moshoeshoe v Moshoeshoe (C of A (CIV) 81 of 2019)

Moshoeshoe v Moshoeshoe (C of A (CIV) 81 of 2019) [2020] LSCA 47 (30 October 2020)

The Court of Appeal held that the High Court erred by ordering equal division of the joint estate without determining the value and economic effect of alleged alienated property.

  • Division of joint estate
  • Alienation of matrimonial property
  • Community of property
  • Legal capacity of married persons act
  • Matrimonial-property
  • Joint-estate-division
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Civil procedure [2020] LSHC 40

Tlalajoe v Tlalajoe (CIV/T 308 of 16)

Tlalajoe v Tlalajoe (CIV/T 308 of 16) [2020] LSHC 40 (15 October 2020)

The High Court of Lesotho dismissed an application to rescind a default order dividing a former matrimonial joint estate, holding the order was not erroneously granted.

  • Rescission of judgment
  • Division of joint estate
  • Divorce
  • Valuation of property
  • Rescission-of-judgment
  • Division-of-joint-estate
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Civil procedure [2020] LSCA 1

Liboti v Liboti (C of A (CIV) 66 of 2019)

Liboti v Liboti (C of A (CIV) 66 of 2019) [2020] LSCA 1 (29 May 2020)

The Court of Appeal held that the High Court granted relief not sought and without evidence, and ordered absolution from the instance with costs.

  • Absolution from the instance
  • Division of joint estate
  • Orders not sought by parties
  • Absolution-from-the-instance
  • Relief-not-sought
  • Division-of-joint-estate
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Civil procedure [2018] LSCA 16

Makhetha v Estate Late Elizabeth 'Mabolase Sekoyela (C of A (CIV) 44 of 2017)

Makhetha v Estate Late Elizabeth 'Mabolase Sekoyela (C of A (CIV) 44 of 2017) [2018] LSCA 16 (7 December 2018)

The Court of Appeal set aside a High Court judgment in a dispute over division of a deceased spouse’s joint estate, finding serious procedural irregularity and mistrial.

  • Division of joint estate
  • Burden of proof
  • Procedural irregularity
  • Motion vs action proceedings
  • Estate administration
  • Burden-of-proof
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Family law [2017] LSHC 9

Mats'eole Makhetha v Napo Makhetha (CIV/T 435 of 2008)

Mats'eole Makhetha v Napo Makhetha (CIV/T 435 of 2008) [2017] LSHC 9 (9 February 2017)

High Court divorce judgment granting custody to the plaintiff and ordering child maintenance of M1,300 per month after the defendant stopped participating.

  • Divorce
  • Custody
  • Maintenance
  • Division of joint estate
  • Forfeiture of marriage benefits
  • Child-custody
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Family law [2013] LSCA 35

Mapheko Pheko v Matokelo Pheko (C of A (CIV) 31 of 2013)

Mapheko Pheko v Matokelo Pheko (C of A (CIV) 31 of 2013) [2013] LSCA 35 (18 October 2013)

The Court of Appeal set aside High Court orders made on exception, holding that substantive relief could not be granted before pleadings and trial.

  • Customary marriage dissolution
  • Jurisdiction of courts
  • Exception procedure
  • Division of joint estate
  • Customary-marriage
  • Exception
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Family law [2013] LSHC 73

Mabasia Ngatane and Another v Neo Ngatane and Others (CIV/APN 649 of 10)

Mabasia Ngatane and Another v Neo Ngatane and Others (CIV/APN 649 of 10) [2013] LSHC 73 (14 March 2013)

High Court of Lesotho refused an application to strike out a plea to a counterclaim in a divorce matter, finding the objection waived under Rule 30.

  • Divorce
  • Division of joint estate
  • Custody of minor children
  • Maintenance
  • Plea striking out
  • Rule 30 high court rules
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Criminal law [2002] LSCA 32

R v Khalane (Review 11 of 2002)

R v Khalane (Review 11 of 2002) [2002] LSCA 32 (26 February 2002)

The application was dismissed because it was not properly before the court, as the applicant failed to depose to an affidavit and did not provide an explanation for her non-attendance, rendering the affidavits from counsel and clerk insufficient.

  • Housebreaking and theft
  • Interim custody
  • Division of joint estate
  • Affidavit requirements
  • Points of law in limine
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Family law [2002] LSCA 30

Sefeane v Sefeane (CIV/T/ 329 of 2000)

Sefeane v Sefeane (CIV/T/ 329 of 2000) [2002] LSCA 30 (26 February 2002)

The court dismissed a rescission and stay application because the applicant filed no supporting affidavit and the matter was therefore not properly before it.

  • Divorce
  • Custody of minor child
  • Division of joint estate
  • Procedure - affidavits
  • Rescission of order
  • Family-law
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Family law [1994] LSCA 119

Rapeane v Rapeane (C of A (CIV) 5 of 1993)

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

The Court of Appeal held that maintenance continued until the joint estate was actually divided; depletion alone did not end the obligation.

  • Maintenance
  • Division of joint estate
  • Stay of execution
  • Res judicata
  • Division-of-joint-estate
  • Stay-of-execution
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About this LexChat collection

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.