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April 2024
Florence Chanika v Joseph Macnewton Mwalilino (Matrimonial Cause 15 of 2023) [2024] MWHC 75 (18 April 2024)
Marriages by repute cannot be dissolved via divorce petitions; seek declaratory finding and ancillary orders instead.
Family law — Marriage by repute or permanent cohabitation — Whether such unions can be dissolved by a court — Marriage, Divorce and Family Relations Act ss 12, 13
Civil procedure — Proper remedy for informal unions — Petition for divorce is inappropriate; seek declaratory finding and ancillary orders instead
18 April 2024
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