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High Court of Malawi Civil Division - 1981

2 judgments
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2 judgments
April 1981
Chimbweya v Chimbweya & 2 Others (Civil Cause 520 of 1979) [1981] MWHCCiv 2 (6 April 1981)
Applicant’s adultery and cruelty claims failed; respondent’s cross‑petition succeeded on circumstantial evidence proving applicant's adultery.
  • Divorce law — Adultery — Standard of proof for adultery by circumstantial evidence — Disposition and opportunity required — Confession/admission only evidence against the maker; Cruelty — single incident and self‑defence insufficient to render cohabitation dangerous; Decree nisi — custody adjourned.
6 April 1981
March 1981
Nkono v Nkono (Civil Cause 810 of 1980) [1981] MWHCCiv 1 (14 March 1981)
Whether persistent adherence to a proscribed religious sect and leaving the home constitutes desertion justifying divorce.
  • Family law — Divorce — Desertion — Whether leaving matrimonial home owing to adherence to a proscribed religious sect constitutes desertion; constructive desertion and cruelty; evidential weight of conflicting testimony; decree nisi granted.
14 March 1981