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Citation
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Judgment date
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| July 2025 |
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Court ordered DNA tests to resolve disputed parentage for estate succession and charged testing costs to the estate.
Family law; succession and inheritance – determination of parentage – DNA testing versus birth certificates as prima facie evidence – standing of interested persons – statutory three-year limit for parentage applications; estate to bear testing costs.
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9 July 2025 |
| March 2025 |
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Court denied the applicant’s request to relocate three children to Canada as contrary to their best interests.
Child relocation – best interests of the child; parental capacity and financial stability; continuity and family relationships; compliance with Malawi dual-citizenship law; unilateral registration of minor’s foreign citizenship.
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14 March 2025 |
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Respondent awarded 50% shares in matrimonial assets due to non‑monetary contributions and equality‑as‑equity principle.
Matrimonial property – recognition of non‑monetary contributions – beneficial interest; distribution of assets on divorce – equality‑as‑equity principle; intention v contribution test for joint ownership; application of CEDAW and Maputo Protocol.
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11 March 2025 |
| January 2025 |
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Leave to appeal and a stay were dismissed as premature and procedurally incompetent because the High Court judgment remained inchoate.
Civil procedure – inchoate judgment – premature leave to appeal – inchoate judgments not appealable; stay of execution – must first apply to High Court where concurrent jurisdiction exists; SCA jurisdiction invoked after refusal by High Court; procedural competency of applications.
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22 January 2025 |
| November 2024 |
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Leave to appeal denied to avoid piecemeal, inchoate appeals and to expedite resolution of child custody and relocation issues.
Appeal — leave to appeal — requirement under s.21 Supreme Court of Appeal Act; Inchoate appeals — prohibition on piecemeal appeals; Case management — expediency in child custody disputes; Jurisdiction — relocation application to Chief Resident Magistrate (Centre); Costs — each party to bear own costs.
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29 November 2024 |
| April 2024 |
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An informal union cannot be dissolved by divorce; the applicant must seek declaration of marriage by repute and ancillary reliefs.
Constitutional recognition of informal unions; Marriage, Divorce and Family Relations Act ss.12–13; marriage by repute/permanent cohabitation; declaratory jurisdiction to determine existence; ancillary reliefs (custody, maintenance, property) available after court finds such union; divorce proceedings inappropriate to dissolve non-formal unions.
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18 April 2024 |
| February 2024 |
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Court continued interlocutory injunction restraining exercise of power of sale pending resolution of alleged fraudulent charge.
Injunctions – interlocutory injunction – American Cyanamid principles – power of sale under Registered Land Act (ss.68,71) – alleged fraud/forgery in charges over estate property – adequacy of damages – uniqueness of land.
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22 February 2024 |
| September 2023 |
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30 September 2023 |
| August 2023 |
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Court allowed a limited grant and held a single adult beneficiary applicant may be administrator; criticized improper affidavits and counsel supervision.
Probate—Jurisdiction under DEWIPA—High Court competence for estates above K1,000,000; Letters of administration—single administrator permissible where beneficiaries are adult; Evidence—affidavits must be signed by deponents; Professional conduct—counsel’s supervisory duties and effect of improper commissioning of affidavits.
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25 August 2023 |
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High Court may refer apparent perjury arising in civil proceedings to a Resident Magistrate; petitioner’s credibility doubted.
Procedure and criminal referrals in civil proceedings – High Court jurisdiction under s108 Constitution and s12 Courts Act – CPR powers to re-open after trial but before judgment – Appearance of perjury on balance of probabilities – Credibility and weight of evidence – Referral to Resident Magistrate under Penal Code s101.
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18 August 2023 |
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18 August 2023 |
| May 2023 |
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16 May 2023 |
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Claimant lacked locus to litigate intestate estate claims without letters of administration; customary marriage invalid due to prior statutory marriage.
Probate and administration — Intestacy — Requirement for letters of administration under DEWIPA to enforce beneficiaries’ rights — Locus standi to sue in estate matters — Validity of customary marriage where prior statutory marriage subsists — Children’s rights and guardianship obligations.
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16 May 2023 |
| April 2023 |
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High Court apportions house one-third to appellant, upholds respondent's vehicle ownership, and increases compensation to K1,500,000.
Family law - Matrimonial property division; intention of parties; contributions to land and construction; valuation by independent valuer; vehicle ownership and contribution; compensation for unequal sharing.
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24 April 2023 |
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Applicant awarded one-third of the matrimonial house; respondent retains cars; compensation increased to K1,500,000.
Family law – divorce – division of matrimonial property – intention of parties in property acquisition – evidence of contributions; Motor vehicle ownership – custodial acquisition, contributions and use; Compensation – assessment of fair monetary compensation for non-material and economic losses during relationship.
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24 April 2023 |
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19 April 2023 |
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19 April 2023 |
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18 April 2023 |
| March 2023 |
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Court set aside a regularly obtained default judgment to allow probate disputes to be decided on their merits.
Civil procedure — Service of summons and default judgment — Order 5 & Order 12 CPR; Setting aside default judgment — Order 12 rule 21 — reasonable cause and meritorious defence; Probate law — Deceased Estate (Wills, Inheritance and Protection) Act — merits to be determined.
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6 March 2023 |
| January 2023 |
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A prenuptial agreement cannot override statutory intestacy rights—letters procured on that basis were revoked.
Deceased estates – Intestacy – Prenuptial agreements do not displace statutory intestacy rights; letters of administration revocable under s55 if procured by untrue legal allegation; administrators ordered to account.
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27 January 2023 |
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27 January 2023 |
| November 2022 |
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Adoption denied where unsanctioned payments and improper procurement of consent compromised the child’s best interests.
Adoption law – consent and capacity – role of Guardian‑ad‑Litem – prohibition on payments and court sanction – best interests of the child – intercountry adoption safeguards – foreign residence and supervised placement.
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18 November 2022 |
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Adoption refused: doubts about informed consent, petitioner’s credibility, inadequate in‑country bonding, and lack of statutory/international safeguards.
Adoption law — Best interests of the child; consent to adoption and revocation; residence and in‑country bonding requirements for foreign adopters; duties and centrality of the Guardian‑ad‑Litem; single male applicants and 'special circumstances'; interim orders and need for Hague Convention safeguards.
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11 November 2022 |
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A counsel's affidavit containing factual evidence and legal argument is improper; extension of time for judicial review denied.
Procedure and professional ethics — Counsel swearing affidavits — Factual evidence, legal opinion and argument in counsel's sworn statement — Cross-examination risk — Extension of time for judicial review refused.
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7 November 2022 |
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A counsel-sworn affidavit containing facts and legal opinion was improper; the applicant's extension for judicial review was refused.
Civil procedure — Affidavits by counsel — Counsel as deponent and potential witness; risk of cross-examination and conflict — Affidavits should not contain primary factual assertions, personal legal opinions or argument — Judicial review — extension of time.
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7 November 2022 |
| September 2022 |
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Whether letters of administration should be revoked where only declared bank funds were administered despite alleged undisclosed assets.
Deceased Estates Act (ss.20, 55) – revocation of letters of administration – misrepresentation of estate value – household belongings – estate duty assessment – fresh letters for unadministered assets.
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13 September 2022 |
| June 2022 |
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Court confirms mother's custody on best‑interests grounds; father denied physical access until psychological assessment and counselling.
Family law – Child custody – Best interests of the child paramount – Separate custody hearing desirable but not always required – Parental conduct (abduction, contempt, violence) material to custody and access – Psychological assessment/counselling as precondition to physical access.
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24 June 2022 |
| May 2022 |
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Divorce petition dismissed for lack of jurisdiction because the petitioner failed to prove domicile in Malawi.
Family law — Divorce jurisdiction — Domicile versus residence — Domicile of origin v. domicile of choice — Burden of proof — Temporary employment permits insufficient to prove change of domicile — Dependent cross-petition falls away on dismissal of main petition.
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27 May 2022 |
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27 May 2022 |
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Disputed house and car were not matrimonial property; respondent held sole beneficial ownership.
Family law – Matrimonial property – Whether assets are jointly held – Beneficial interest requires contributions beyond routine assistance – Intention to hold jointly assessed by conduct and credible evidence – Registration and insurance entries not determinative of beneficial ownership.
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27 May 2022 |
| February 2022 |
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Court revoked Letters of Administration, appointed Administrator General, lifted corporate veil to address alleged estate grabbing and ordered audits/accounts.
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15 February 2022 |
| January 2022 |
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Decree nisi granted for divorce on cruelty; adultery not proved and statutory compensation unavailable.
Family law — applicable statute for pre‑2015 marriages — MDFRA Part LX only; jurisdiction — domicile of choice; divorce — cruelty standard, condonation and collusion; adultery — insufficiency of suspicion and unauthenticated evidence; compensation not available under Divorce Act.
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10 January 2022 |
| May 2021 |
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Divorce granted on cruelty proved; desertion not established; parties to file custody submissions; no costs order.
Family law – Divorce jurisdiction under (repealed) Marriage Act and Divorce Act – Domicile requirement – Cruelty as ground for divorce – Legal test for cruelty (conduct rendering continued cohabitation and conjugal duties unbearable) – Desertion: statutory three-year separation, intention and consent requirements – Collusion and connivance.
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19 May 2021 |
| December 2020 |
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22 December 2020 |
| March 2019 |
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18 March 2019 |
| October 1984 |
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12 October 1984 |
| April 1981 |
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Decree nisi granted where admitted adultery and repeated violent assaults constituted cruelty; petitioner did not condone adultery.
Divorce law – Grounds: adultery and cruelty – Jurisdiction over foreign marriage contracted under Southern Rhodesia Marriage Act – Condonation defence considered and rejected.
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3 April 1981 |
| October 1980 |
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11 October 1980 |
| July 1980 |
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Decree nisi granted for divorce based on proved cruelty and credible uncorroborated evidence of adultery.
Divorce — cruelty established by physical assaults and continuous fear — adultery proved on uncorroborated but credible testimony — decree nisi granted — costs subject to taxation — custody adjourned.
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31 July 1980 |