Skip to document content Skip to main menu Skip to search

Principal Registry - 1986 June

4 judgments
Advanced search
Skip past Court registries
Skip past years
Skip past months
Filters
Skip to results
4 judgments
June 1986
Chirwa v Chirwa (Civil Cause 491 of 1985) [1986] MWHC 5 (30 June 1986)
Decree nisi granted for divorce on cruelty and desertion; adultery allegation dismissed as hearsay.
  • Family law — Divorce — Grounds: cruelty and desertion proved; adultery allegations dismissed as hearsay and no co-respondent joined — Undefended petition standard — Custody, maintenance and costs.
30 June 1986
Kasegwe v Kasegwe and Another (Civil Cause 333 of 1984) [1986] MWHC 23 (9 June 1986)
Mother with chronic illness granted custody of four children; father ordered to pay child maintenance and permanent alimony.
  • Family law — custody — welfare of the child paramount over parental health or comparative wealth; stability and existing arrangements considered. Family law — maintenance — assessment of means; inadequate disclosure justifies increased maintenance and permanent alimony
  • Access — reasonable access to non-custodial parent
9 June 1986
Kadammanja v Agricultural Development & Marketing Corporation (Civil Cause 572 of 1985) [1986] MWHC 12 (6 June 1986)
An originating summons was inappropriate due to factual disputes; proceedings must continue as if begun by writ with pleadings.
  • Civil procedure — originating summons inappropriate where substantial disputes of fact exist; matters requiring viva voce evidence must proceed by writ — Order 28/8(1) — pension entitlement claims involving factual disputes; counterclaim for money paid by mistake requires pleadings and oral evidence.
6 June 1986
Kamwana v Blantyre & East Africa Limited (Civil Cause 121 of 1985) [1986] MWHC 9 (3 June 1986)
Report to police about suspected theft did not amount to laying a charge; false imprisonment and chickens' loss claims dismissed.
  • False imprisonment — whether reporting suspected theft to police amounts to laying a charge — actionable false imprisonment requires laying a charge; employer's report to police may be mere communication of facts; credibility assessment; loss of property — causation and proof required.
3 June 1986