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National Traditional Appeal Court - 1981

3 judgments
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3 judgments
August 1981
Ngang'ambi v Mkandawire (Civil Appeal 68 of 1981) [1981] MWNTAC 2 (26 August 1981)
Under customary law, unsupported allegations of neglect and contradictory evidence do not justify dissolving a marriage; compensation may be ordered instead.
  • Customary marriage — dissolution — high threshold for divorce — requirement to allow advocates to reconcile parties — misconduct often remedied by compensation not dissolution — credibility of evidence on appeal.
26 August 1981
Ngwira v Kumwenda (Civil Appeal 54 of 1980) [1981] MWNTAC 1 (26 August 1981)
Wife entitled to reclaim wedding chattels; lobola does not vest ownership in husband; appeal dismissed.
  • Customary law — matrimonial property — entitlement of wife to items she brought into marriage; Lobola — does not transfer ownership of bride's wedding gifts; Traditional Courts Act — Commissioner’s power to direct hearing despite territorial jurisdiction defects; Appeal procedure — ex parte hearing where respondent absent.
26 August 1981
May 1981
Mwangobola v Mwangobola (Civil Appeal 4 of 1980) [1981] MWNTAC 3 (4 May 1981)
Appellant's challenges failed: a subsisting customary marriage was found, respondent may use husband's name, appeal dismissed with costs.
  • Customary marriage — validity — presumption attached to registered marriage certificate; use of husband's surname during subsistence of marriage; nkhoswe (advocates) requirements at customary law; duress — burden to rebut; jurisdiction to dissolve customary marriage.
4 May 1981