Malawi Supreme Court of Appeal - 2021 June

4 judgments

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4 judgments
Citation
Judgment date
June 2021
Appeal dismissed with costs for failure to comply with Practice Direction and to prosecute the appeal.
Civil procedure — non-compliance with Practice Direction No.1 of 2010 — failure to file skeleton argument/chronology/list of authorities — dismissal for failure to prosecute — injunction proceedings.
22 June 2021
Appeal dismissed where appellants failed to comply with pre-hearing protocols, indicating abandonment and wasting court time.
Civil procedure — Compliance with Practice Direction No.1 of 2010 — Failure to file skeleton arguments, chronology and authorities — Inference of abandonment — Dismissal of appeal for failure to prosecute — Costs.
6 June 2021
Whether jointly-acquired matrimonial land vests in the surviving spouse by survivorship or forms part of an intestate estate.
Constitutional property rights — section 24(1)(b)(i),(ii) — interpretation of “property held jointly during marriage” — matrimonial property and survivorship — Deceased Estates (Wills and Inheritance) Protection Act — Marriage, Divorce and Family Relations Act — inter vivos dispositions vs intestacy — survivor’s proprietary rights — need for letters of administration.
6 June 2021
Jointly acquired matrimonial property vested in the surviving spouse by survivorship; no administration necessary; section 24 mandates broad fair-disposition principles.
Constitutional and family property law — Interpretation of section 24 (property rights of women) — Meaning of "property held jointly" — Survivorship of jointly held property — Scope of Deceased Estates (Wills and Inheritance) Protection Act and Marriage, Divorce and Family Relations Act — Administration of estates and requirement for letters of administration.
6 June 2021