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Citation
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Judgment date
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| July 2022 |
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Appeal dismissed but cross-appeal allowed: hearsay evidence rejected, MK200,000,000 damages set aside for lack of evidential basis.
Civil procedure – appeal from assessment under consent order – refusal to admit new evidence on appeal; Evidence – hearsay rule and exceptions – witness non-authority of documents; Damages – requirement to strictly prove special damages under a consent order; Interest on damages – availability limited to debts or judgment debts under statutory provisions.
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12 July 2022 |
| August 1981 |
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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.
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26 August 1981 |
| May 1981 |
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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.
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4 May 1981 |
| August 1980 |
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Appeal dismissed where evidence established respondent's claim for chisuzula after the applicant's desertion and paternity was proven.
Customary law – abandonment of marriage (Kundisiya Ukwati popanda chifukwa) – chisuzula – proof of paternity – appeal dismissed for lack of merit.
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21 August 1980 |
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Cohabitation was not a proven marriage and respondent failed to prove theft of property; appeal allowed with costs.
Traditional/customary union — cohabitation not established as marriage; property dispute — burden of proof; balance of probabilities; failure to call corroborative witnesses; costs awarded.
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18 August 1980 |
| November 1979 |
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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.
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1 November 1979 |
| October 1979 |
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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.
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22 October 1979 |
| June 1979 |
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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.
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15 June 1979 |
| May 1979 |
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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.
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29 May 1979 |
| April 1977 |
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Appeal allowed; maintenance order found satisfied and determined; child remains the appellant's responsibility.
Customary law — dissolution of marriage for desertion — ritual observance and customary 'fisi' practice — maintenance payments — overpayment determines order.
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21 April 1977 |
| January 1974 |
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A widow who refuses levirate succession under customary law may obtain a divorce and is free to remarry.
Customary law – widow’s rights on husband’s death – choice between levirate succession and freedom to remarry – refusal to enter succession permits divorce.
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23 January 1974 |