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Principal Registry - 2018 April

2 judgments
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2 judgments
April 2018
Mhango v Msowoya & Mwangairo (Land Cause 6 of 2017) [2018] MWHC 1331 (18 April 2018)
Proceedings set for rehearing were transferred to the Mzuzu Registry as the more convenient and appropriate forum.
  • Civil procedure — venue and transfer of proceedings — section 7D Courts Act — discretion to transfer registries — factors: convenience of parties and witnesses, location of subject matter — CPR Order 1 r.5 overriding objective — rehearing de novo — forum shopping.
18 April 2018
Alumando v Sadimba and Old Mutual Life Assurance (MW) Limited (Probate Cause 5420 of 2017) [2018] MWHC 1330 (10 April 2018)
Pension death benefits are not part of the estate unless payable at death; court set aside an irregular payout order.
  • Pensions law — death benefits — entitlements in pension funds not part of deceased estate unless payable/accrued at death; Trustee nominations and determinations govern payment. Civil procedure — setting aside orders — non-party directly affected may apply to set aside or vary an order. Interaction of statutes — Pensions Act and Deceased Estate (Wills, Inheritance and Protection) Act — no conflict where benefits were not payable at death
10 April 2018