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1 judgment
February 2017
Rachel Sophie Sikwese v Gracian Zibelu Banda (Matrimonial Cause 34 of 2013; MSCA Civil Appeal 76 of 2015) [2017] MWSC 27 (2 February 2017)
Where joint ownership was intended but contributions are indeterminate, courts may award each party a 50% beneficial interest.
  • Family law — division of matrimonial property; matrimonial/home converted properties — equality is equity where contributions indeterminate; contribution to development as basis for beneficial interest; household expenditures insufficiently particularised to establish proprietary claim; custody does not automatically entitle provision of a home; child maintenance and school fees — shared responsibility
2 February 2017