High Court of Malawi - 1979

5 judgments
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Results. 5 judgments found.

5 judgments
November 1979
Decree nisi granted after respondent's signed confession and corroborating evidence established adultery; custody and maintenance adjourned.
  • Divorce — Adultery — Proof by written confession and corroboration — Domicile and jurisdiction — Decree nisi — Custody and maintenance adjourned — Costs awarded to petitioner
24 November 1979
Decree nisi granted for divorce on grounds of cruelty (assault causing injury); custody and maintenance adjourned.
  • Family law — Divorce — Cruelty — Assault causing injury to health as ground for dissolution — Evidence and absence of cross-examination/corroboration — Decree nisi pronounced; custody and maintenance adjourned.
3 November 1979
September 1979
High Court cannot order instalment payment of a debt absent a judgment debt or originating proceedings.
  • Civil procedure — payment of debt by instalments — High Court jurisdiction limited to judgment debts — Order 20 r.5 Subordinate Courts Rules inapplicable — originating process required.
4 September 1979
June 1979
Appointment of a receiver by deed under a bank's common seal was held valid, giving the receiver priority over seized goods.
  • Debenture — appointment of receiver — validity of appointment by deed under a bank’s common seal versus "writing under the hand of a Manager" — construction of debenture conditions and priority between receiver and execution creditor.
28 June 1979
April 1979
Decree nisi granted for divorce on ground of desertion; custody to petitioner and respondent ordered to pay costs.
  • Family law — Divorce — Desertion — Proof of marriage by ceremony and cohabitation — Presumption of validity — Factum and animus deserendi established — No consent or justification for separation — Decree nisi, custody and costs awarded.
7 April 1979