High Court of Malawi - 1986 April

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3 judgments


April 1986
Kapito v Kapito & Another (Civil Cause 73 of 1985) [1986] MWHC 7 (25 April 1986) Decree nisi granted for divorce on adultery proved in an undefended petition; ancillary matters adjourned. Divorce — adultery — proof in undefended petition — onus remains on petitioner — inference of adultery from totality of evidence — decree nisi granted — ancillary issues (custody, maintenance, costs) adjourned to chambers.	25 April 1986
Nyirenda v Nyirenda & Another (Civil Cause 379 of 1985) [1986] MWHC 18 (24 April 1986) Adultery proved by circumstantial evidence; decree nisi granted, respondent ordered to pay costs; custody and maintenance adjourned. Family law – Divorce – Adultery – Proof by circumstantial evidence – Standard of proof higher than ordinary civil standard – Risk of collusion in undefended petitions – Decree nisi and costs – Custody and maintenance adjourned.	24 April 1986
Cheseborough Ponds International Limited v Nurse International Limited (Civil Cause 43 of 1985) [1986] MWHC 4 (1 April 1986) The defendant liable where hired crane, slings and operator were unfit and negligent, causing damage to the plaintiff's machine. :[	1 April 1986