Results.
11 judgments found.
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| November 2022 |
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Adoption denied where unsanctioned payments and improper procurement of consent compromised the child’s best interests.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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 |