High Court of Malawi Family and Probate Division - 2023 August

3 judgments

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3 judgments
Citation
Judgment date
August 2023
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.
25 August 2023
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.
18 August 2023
18 August 2023