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All courts - 1977

3 judgments
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3 judgments
September 1977
Chimwaza v Chimwaza (Civil Cause 201 of 1977) [1977] MWHC 1 (16 September 1977)
Decree nisi granted for respondent based on petitioner’s adultery; alleged cruelty not proven; interim custody to petitioner.
  • Family law — Divorce — Cruelty: insulting public language does not necessarily meet threshold of cruelty requiring danger to life, limb or health — Adultery established as ground for dissolution — Interim custody awarded to mother.
16 September 1977
April 1977
Nyalongwe v Lungu (Civil Appeal 25 of 1977) [1977] MWNTAC 2 (21 April 1977)
Traditional Court quashes divorce where reconciliation was not attempted, grounds were unproven, and customary link between dowry and custody was ignored.
  • Traditional Courts — Divorce practice — parties ordinarily sent home to reconcile before dissolution; insufficient evidence — allegations of secret medicine visit and unexplained injury rejected; customary rule — dowry and custody linked and should not be split; quashing of wrongful divorce decree.
21 April 1977
Panja v Magombo (Civil Appeal 25 of 1979) [1977] MWNTAC 1 (21 April 1977)
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.
21 April 1977