High Court of Malawi - 2009 March

5 judgments
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Results. 5 judgments found.

5 judgments
March 2009
Certificates of taxation remain but may be re‑opened or set aside under Order 62; each party to bear its own costs.
  • Civil Procedure
    • — Taxation of Costs — Validity and review of certificates of taxation — Order 62 r 35; Order 62 r 34(4); Order 62 r 22
    • — Authority of Counsel — Representation without express instruction or indemnity — Consequences for steps taken prior to regular instruction
30 March 2009
Customary marriage dissolved for mutual cruelty; father ordered to provide house, mother given custody.
  • Family Law
    • — Customary Marriage — Cruelty as ground for dissolution — Irretrievable breakdown established
    • — Child Custody — Welfare paramount — Mother awarded custody with father's reasonable access and maintenance obligation
    • — Matrimonial Property — Duty to provide house under customary marriage — Court orders husband to build house within reasonable time and stays sale of premises
24 March 2009
Procedure for challenging taxation and correct measure of damages for demolished property in a trespass/tort case.
  • Civil Procedure — Taxation of Costs — Proper procedure to challenge taxing officer’s decision under Order 62 rules 33 and 35
  • Evidence — Valuation Evidence — Acceptance of governmental valuations for trees and land rentals absent rebuttal
  • Damages (Tort) — Measure of Damages for Demolished Property — Value at destruction versus cost when repairs can reasonably be undertaken
22 March 2009
Court divides matrimonial property after divorce, awarding land to the plaintiff and maize mill to the defendant with specific chattel allocations.
  • Family Law
    • — Matrimonial Property — Division and allocation of household chattels and land
    • — Evidence and Credibility — Whether specific livestock was transferred or already distributed
    • — Property Exclusion — Determination that third‑party chattel (drum) is not matrimonial property
22 March 2009
Custody to the mother and failure to fulfill chikamwini duties justified awarding household effects and the three-door house to the plaintiff.
  • Matrimonial property — Division after dissolution — Award of household effects to custodian parent; chikamwini (matrilineal) customary obligation to build wife a house — failure to build affects division; sale of matrimonial chattels during pending proceedings.
13 March 2009