National Traditional Appeal Court - 1979 August

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2 judgments

Citation	Judgment date
August 1979
Khoza v Mphaka (Civil Appeal 59 of 1979) [1979] MWNTAC 3 (15 August 1979) Under Mzimba customary law, cruelty and constructive desertion by an intended inheritor justify divorce and entitlement to dowry and custody. Customary marriage — widow (chokolo) rights; inheritance/ levirate; cruelty and constructive desertion as grounds for divorce; entitlement to dowry and child custody where chosen inheritor refuses.	15 August 1979
Zgambo v Luhana (Civil Appeal 105 of 1978) [1979] MWNTAC 5 (9 August 1979) Repeated elopement of a married woman creates separate compensatory liability for each occasion; appeal allowed. Customary law — elopement of married woman — repeated elopement attracts separate compensatory liability; distinction for unmarried woman; judgment in absentia under Traditional Courts Procedure Rules r.38.	9 August 1979