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High Court of Malawi Family and Probate Division - 2025

5 judgments
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5 judgments
December 2025
Emmanuel Mdala and Another v Sera Mwalwanda (Probate Cause 173 of 2023) [2025] MWHCFam 5 (19 December 2025)
Letters of Administration revoked for fraudulent procurement; Administrator General appointed and respondent ordered to account.
  • Probate — Revocation of Letters of Administration — Fraudulent procurement and forgery — DEWIPA s55
  • Evidence — Documentary comparison — Signature discrepancies and absence of contemporaneous communications as indicia of fraud
  • Estate administration — Duty to account and court power to appoint Administrator General where administration is compromised
19 December 2025
July 2025
In the Matter of Section 5 (3) of the Child Care, Protection and Justice Act and In the Matter of the Estate of Eric Gowa Nyasulu (Deceased) and In the Matter of an Application for the Determination of Parentage by Sylvia Gowa Nyasulu of (CGN, ULGN, JN and EAGN) Minors for Purposes of Succession and Inheritance (Miscellaneous Application 1 of 2025; Probate Cause 268 of 2024) [2025] MWHCFam 4 (9 July 2025)
Court ordered DNA tests to resolve disputed parentage for estate succession and charged testing costs to the estate.
  • Family law; succession and inheritance — determination of parentage — DNA testing versus birth certificates as prima facie evidence — standing of interested persons — statutory three-year limit for parentage applications; estate to bear testing costs.
9 July 2025
March 2025
Kamanga v Kasongo (Miscellaneous Cause 1 of 2025) [2025] MWHCFam 3 (14 March 2025)
Court denied the applicant’s request to relocate three children to Canada as contrary to their best interests.
  • Child relocation — best interests of the child; parental capacity and financial stability; continuity and family relationships; compliance with Malawi dual-citizenship law; unilateral registration of minor’s foreign citizenship.
14 March 2025
Kulinji v Mlabowa (Matrimonial Cause 29 of 2023) [2025] MWHCFam 2 (11 March 2025)
Respondent awarded 50% shares in matrimonial assets due to non‑monetary contributions and equality‑as‑equity principle.
  • Matrimonial property — recognition of non‑monetary contributions — beneficial interest; distribution of assets on divorce — equality‑as‑equity principle; intention v contribution test for joint ownership; application of CEDAW and Maputo Protocol.
11 March 2025
January 2025
Kadzakumanja v Kadzakumanja & Chasweka (Being High Court, Lilongwe Registry, Family & Probate Division, Probate Cause No. 623 of 2020) [2025] MWHCFam 1 (22 January 2025)
Leave to appeal and a stay were dismissed as premature and procedurally incompetent because the High Court judgment remained inchoate.
  • Civil procedure — inchoate judgment — premature leave to appeal — inchoate judgments not appealable; stay of execution — must first apply to High Court where concurrent jurisdiction exists; SCA jurisdiction invoked after refusal by High Court; procedural competency of applications.
22 January 2025