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Lesotho Case Law

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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 [2013] LSHC 26

Mamoletsane Moletsane v Fonane Stephen Moletsane and Others (CIV/APN 534 of 2011)

Mamoletsane Moletsane v Fonane Stephen Moletsane and Others (CIV/APN 534 of 2011) [2013] LSHC 26 (28 May 2013)

The application was dismissed because the Motjoka Local Court had already ruled it lacked territorial jurisdiction and removed the divorce case from its roll, rendering the prayer for stay academic. The subsequent Mapoteng Local Court judgment granting divorce and custody stood unchallenged by appeal or review. The applicant failed to provide sufficient legal grounds for leave to remove the divorce to the High Court under Sec 6(b), as local courts are competent to determine all issues, including custody and property, regardless of estate value. The High Court cannot declare lower court procee…

  • Divorce under customary law
  • Jurisdiction of local courts
  • Custody of minor child
  • Devolution of matrimonial property
  • Interdicts
  • Removal of proceedings to high court
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Labour law [2005] LSLC 15

Lethibela v Phasemane Holdings (Pty) Ltd (LC 5 of 4)

Lethibela v Phasemane Holdings (Pty) Ltd (LC 5 of 4) [2005] LSLC 15 (1 December 2005)

The applicant was consulted regarding the operational reasons for retrenchment and the decision to outsource security functions. The evidence of consultation was uncontroverted. The court will not interfere with the employer's commercial decision to outsource, and the retrenchment complied with the relevant guidelines.

  • Retrenchment
  • Consultation
  • Unfair dismissal
  • Outsourcing
  • Judicial notice
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