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High Court of Malawi Family and Probate Division - 2022 May

4 judgments
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4 judgments
May 2022
Lucy Gondwe Makoka v Dr. Donald Makoka and Others (Matrimonial Cause 13 of 2021) [2022] MWHCFam 13 (31 May 2022)
Decree nisi granted for cruelty based on unopposed assaults and threats; adultery failed due to possible condonation.
  • Family Law
    • — Applicable Statute — Whether Marriage, Divorce and Family Relations Act applies to pre‑commencement marriages — Part IX only applies to all marriages
    • — Jurisdiction — Subject‑matter and domicile requirements for divorce under the Divorce Act
    • — Divorce — Grounds, Condonation and Cruelty — Evidential standard and proof in uncontested petitions
31 May 2022
Botha v Botha and Bence (Matrimonial Cause 8 of 2021) [2022] MWHCFam 6 (27 May 2022)
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.
27 May 2022
White v White (Matrimonial Cause 10 of 2018) [2022] MWHCFam 11 (27 May 2022)
27 May 2022
White v White (Matrimonial Cause 10 of 2018) [2022] MWHCFam 3 (27 May 2022)
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.
27 May 2022