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Principal Registry - 2002 June

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1 judgment
June 2002
Munthali v Mitawa (Civil Cause 1854 of 2001) [2002] MWHC 74 (21 June 2002)
Children of an intestate deceased mother are solely entitled; husband’s co-ownership and share claims dismissed; plaintiff fit to administer estate.
  • Succession law — intestacy of a deceased woman — application of section 16(4) Wills and Inheritance Act (children solely entitled); proprietary claims by spouse — proof of co-ownership requires contribution; fitness to administer estate — failure to act and to maintain children relevant; constitutional challenge to succession provision — onus to show unreasonableness and inconsistency with Constitution.
21 June 2002