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High Court of Malawi Family and Probate Division - 2024

3 judgments
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3 judgments
Citation
Judgment date
November 2024
Almeida v Almeida (18 of 2024) [2024] MWHCFam 3 (29 November 2024)
Leave to appeal denied to avoid piecemeal, inchoate appeals and to expedite resolution of child custody and relocation issues.
Appeal — leave to appeal — requirement under s.21 Supreme Court of Appeal Act; Inchoate appeals — prohibition on piecemeal appeals; Case management — expediency in child custody disputes; Jurisdiction — relocation application to Chief Resident Magistrate (Centre); Costs — each party to bear own costs.
 29 November 2024
April 2024
Chanika v Mwalilino (Matrimonial Cause 15 of 2023) [2024] MWHCFam 1 (18 April 2024)
An informal union cannot be dissolved by divorce; the applicant must seek declaration of marriage by repute and ancillary reliefs.
Constitutional recognition of informal unions; Marriage, Divorce and Family Relations Act ss.12–13; marriage by repute/permanent cohabitation; declaratory jurisdiction to determine existence; ancillary reliefs (custody, maintenance, property) available after court finds such union; divorce proceedings inappropriate to dissolve non-formal unions.
 18 April 2024
February 2024
Magwaya and 7 Others v Magwaya and 2 Others (Miscellaneous Civil Application 7 of 2015) [2024] MWHCFam 2 (22 February 2024)
Court continued interlocutory injunction restraining exercise of power of sale pending resolution of alleged fraudulent charge.
Injunctions – interlocutory injunction – American Cyanamid principles – power of sale under Registered Land Act (ss.68,71) – alleged fraud/forgery in charges over estate property – adequacy of damages – uniqueness of land.
 22 February 2024