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Blantyre - 1979

4 judgments
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4 judgments
November 1979
Yohane v Ntondo (Criminal Appeal 34 of 1979) [1979] MWNTAC 6 (1 November 1979)
Where lobola is required by customary law, cohabitation without lobola does not create a valid marriage.
  • Customary law — lobola (bridewealth) as prerequisite to marriage — cohabitation without lobola not a valid marriage — betrothal compensation.
1 November 1979
October 1979
Banda v George (Civil Appeal Case No. 101 of 1912) [1979] MWNTAC 1 (22 October 1979)
Cohabitation without Chinkhoswe does not create enforceable marital rights; detinue claim dismissed as domestic matter.
  • Detinue; customary marriage (Chinkhoswe) — cohabitation without customary rites — no enforceable marital rights; domestic disputes adjudicable by ankhoswe; alleged assault and police inaction relevant to credibility and relief.
22 October 1979
June 1979
Khembo v Khembo (Civil Cause 16 of 1979) [1979] MWNTAC 2 (15 June 1979)
No customary marriage without chinkhoswe; maintenance order clarified to K12 monthly for six years.
  • Customary law — validity of marriage — chinkhoswe as essential to customary marriage; concubinage versus marriage; maintenance orders — uncertainty and substitution; compensation claims in absence of customary marriage.
15 June 1979
May 1979
Manchichi v Manuel (Civil Appeal 1 of 1979) [1979] MWNTAC 4 (29 May 1979)
A customary marriage requires chinkhoswe; absent it, cohabitation carries no enforceable marital rights and compensation was wrongly awarded.
  • Customary marriage — chinkhoswe (ankhoswe) essential for legal recognition — cohabitation alone insufficient; no compensation for desertion absent valid customary marriage; refund of payments made under erroneous orders; welfare-based maintenance may be available for children of unrecognised unions.
29 May 1979