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High Court of Malawi - 1989 September

2 judgments
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2 judgments
September 1989
Re adoption application (Civil Cause 68 of 1989) [1989] MWHC 14 (7 September 1989)
Adoption order set aside where customary marriage was invalid and adoptive applicants were not resident in Malawi.
  • Adoption law — validity of adoption where applicants not resident in jurisdiction; customary marriage requirements — proposal and lobola; status of father of illegitimate child under Adoption Act; service of petition and procedural compliance.
7 September 1989
Gondwe v Whitehead & Sons Ltd (Civil Cause 405 of 1987) [1989] MWHC 9 (6 September 1989)
A sponsored player not party to the policy cannot claim 100% disablement when still able to pursue other employment; employer not trustee.
  • Insurance law — construction of "total and permanent disablement" — "any employment or occupation" means inability to follow any work; non-party to policy cannot compel insurer; no trusteeship/fiduciary duty arising from sponsorship; insurer’s medical assessment and policy wording decisive.
6 September 1989