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High Court of Malawi Civil Division - 2020 August

5 judgments

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5 judgments


August 2020
Mlaliki v Mlaliki (Matrimonial Cause 9 of 2018) [2020] MWHCCiv 22 (27 August 2020) Decree nisi granted to respondent for cruelty; petitioner failed to prove respondent’s desertion and provocation defence was rejected. Divorce — desertion: elements and proof; Divorce — cruelty: single serious act suffices; Provocation defence; Condonation and reconciliation; Constitutional dignity informs cruelty assessment.	27 August 2020
Namandwa v Namandwa (Civil Appeal 42 of 2018) [2020] MWHCCiv 23 (27 August 2020) Court reversed lower court: awarded Mandala house to appellant, upheld Lilongwe trust management, ordered K3,000,000 maintenance by respondent. Family law — Distribution of matrimonial property — Joint ownership a question of fact — Consideration of non-monetary contributions and fairness (Sikwese v Banda) — Charges/mortgages are encumbrances and do not transfer title — Maintenance award on dissolution.	27 August 2020
Ntambalika v Nkunika (Civil Cause 2136 of 2009) [2020] MWHCCiv 24 (27 August 2020) Defendant's encroachment and tree-felling constituted trespass; court granted declarations, damages to be assessed, and costs to plaintiff. Property law — Trespass to land — Encroachment and felling of trees — Trespass actionable per se; entitlement to declarations, damages and injunctive relief; mandatory injunctions require specificity.	27 August 2020
Illovo Sugar Malawi PLC v The Registrar of Industrial Relations & Others (Judicial Review 45 of 2020) [2020] MWHCCiv 18 (18 August 2020)	18 August 2020
Msendema v Prime Insurance Company Limited & Another (Personal Injury Case 656 of 2019) [2020] MWHCCiv 11 (3 August 2020)	3 August 2020