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12 judgments

Citation	Judgment date
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
September 2023
Kamunga v Kamunga (Probate Cause 197 of 2023) [2023] MWHCFam 15 (30 September 2023)	30 September 2023
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
May 2023
Khoromana(on her own behalf and on behalf of other beneficiaries of the estate of Edward Khoromana (deceased) v Barlucchi and Unyolo (Probate Cause 195 of 2022) [2023] MWHCFam 1 (16 May 2023)	16 May 2023
Khoromana (on her own behalf & of other beneficiaries of the Estate of Edward Khoromana (Deceased)) v Barlucchi & Unyolo (Probate Cause 195 of 2022) [2023] MWHCFam 6 (16 May 2023) Claimant lacked locus to litigate intestate estate claims without letters of administration; customary marriage invalid due to prior statutory marriage. Probate and administration — Intestacy — Requirement for letters of administration under DEWIPA to enforce beneficiaries’ rights — Locus standi to sue in estate matters — Validity of customary marriage where prior statutory marriage subsists — Children’s rights and guardianship obligations.	16 May 2023
April 2023
Chinkono v Chinkono (Matrimonial Appeal Cause 13 of 2022) [2023] MWHCFam 7 (24 April 2023) Applicant awarded one-third of the matrimonial house; respondent retains cars; compensation increased to K1,500,000. Family law – divorce – division of matrimonial property – intention of parties in property acquisition – evidence of contributions; Motor vehicle ownership – custodial acquisition, contributions and use; Compensation – assessment of fair monetary compensation for non-material and economic losses during relationship.	24 April 2023
Mkandawire and 1 other v Khobiri (Matrimonial Appeal Cause 19 of 2022) [2023] MWHCFam 12 (19 April 2023)	19 April 2023
Price v Price (Matrimonial Case 16 of 2020) [2023] MWHCFam 13 (19 April 2023)	19 April 2023
Mangani v Mangani (Matrimonial Appeal Cause 3 of 2022) [2023] MWHCFam 14 (18 April 2023)	18 April 2023
March 2023
Lilongwe (as the Administrator of the Estate of S. Alexander (deceased)) v Lilongwe & 2 others (Probate Cause 136 of 2021) [2023] MWHCFam 5 (6 March 2023) Court set aside a regularly obtained default judgment to allow probate disputes to be decided on their merits. Civil procedure — Service of summons and default judgment — Order 5 & Order 12 CPR; Setting aside default judgment — Order 12 rule 21 — reasonable cause and meritorious defence; Probate law — Deceased Estate (Wills, Inheritance and Protection) Act — merits to be determined.	6 March 2023

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