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9 judgments
Citation
Judgment date
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
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
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
November 2022
S (On the application on Chunga and Kazembe) v Administrator General and Kazembe( nee Zigowa) (Judicial Review Cause 28 of 2022) [2022] MWHCFam 7 (7 November 2022)
A counsel-sworn affidavit containing facts and legal opinion was improper; the applicant's extension for judicial review was refused.
Civil procedure — Affidavits by counsel — Counsel as deponent and potential witness; risk of cross-examination and conflict — Affidavits should not contain primary factual assertions, personal legal opinions or argument — Judicial review — extension of time.
 7 November 2022
May 2022
White v White (Matrimonial Cause 10 of 2018) [2022] MWHCFam 11 (27 May 2022)
27 May 2022
January 2022
Giramata v Habimana and Another (Matrimonial Cause 16 of 2020) [2022] MWHCFam 10 (10 January 2022)
Decree nisi granted for divorce on cruelty; adultery not proved and statutory compensation unavailable.
Family law — applicable statute for pre‑2015 marriages — MDFRA Part LX only; jurisdiction — domicile of choice; divorce — cruelty standard, condonation and collusion; adultery — insufficiency of suspicion and unauthenticated evidence; compensation not available under Divorce Act.
 10 January 2022