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High Court of Malawi Family and Probate Division - 2023 August

3 judgments
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3 judgments
August 2023
In the Matter of the Estate of Dorothy Matimati Kumkwawa (Probate Cause 147 of 2023) [2023] MWHCFam 9 (25 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
Kamange v Mireku (Matrimonial Cause 20 of 2022) [2023] MWHCFam 8 (18 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
Kamange v Mireku (Matrimonial Cause 20 of 22) [2023] MWHCFam 10 (18 August 2023)
18 August 2023