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High Court of Malawi Family and Probate Division - 2022 November

4 judgments
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4 judgments
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Judgment date
November 2022
In the matter of the adoption of C.K (a male infant) (Adoption Cause 17 of 2022) [2022] MWHCFam 9 (18 November 2022)
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.
 18 November 2022
In the matter of adoption of K.A.Z ( A male infant) (Adoption Cause 13 of 2022) [2022] MWHCFam 4 (11 November 2022)
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.
 11 November 2022
S ( On the application Estere Chunga and Mangani Kazembe) v Administrator General and Kazembe (Judicial Review Cause 28 of 2022) [2022] MWHCFam 8 (7 November 2022)
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.
 7 November 2022
S (On the application on Chunga and Kazembe) v Administrator General and Kazembe( nee Zigowa) (Judicial Review Cause 28 of 2022) [2022] MWHCFam 7 (7 November 2022)
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.
 7 November 2022