Results.
12 judgments found.
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| November 1979 |
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Decree nisi granted after respondent's signed confession and corroborating evidence established adultery; custody and maintenance adjourned.
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Divorce — Adultery — Proof by written confession and corroboration — Domicile and jurisdiction — Decree nisi — Custody and maintenance adjourned — Costs awarded to petitioner
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24 November 1979 |
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Decree nisi granted for divorce on grounds of cruelty (assault causing injury); custody and maintenance adjourned.
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Family law — Divorce — Cruelty — Assault causing injury to health as ground for dissolution — Evidence and absence of cross-examination/corroboration — Decree nisi pronounced; custody and maintenance adjourned.
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3 November 1979 |
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Where lobola is required by customary law, cohabitation without lobola does not create a valid marriage.
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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.
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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 |
| September 1979 |
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High Court cannot order instalment payment of a debt absent a judgment debt or originating proceedings.
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Civil procedure — payment of debt by instalments — High Court jurisdiction limited to judgment debts — Order 20 r.5 Subordinate Courts Rules inapplicable — originating process required.
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4 September 1979 |
| August 1979 |
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Under Mzimba customary law, cruelty and constructive desertion by an intended inheritor justify divorce and entitlement to dowry and custody.
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Customary marriage — widow (chokolo) rights; inheritance/ levirate; cruelty and constructive desertion as grounds for divorce; entitlement to dowry and child custody where chosen inheritor refuses.
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15 August 1979 |
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Repeated elopement of a married woman creates separate compensatory liability for each occasion; appeal allowed.
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Customary law — elopement of married woman — repeated elopement attracts separate compensatory liability; distinction for unmarried woman; judgment in absentia under Traditional Courts Procedure Rules r.38.
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9 August 1979 |
| June 1979 |
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Appointment of a receiver by deed under a bank's common seal was held valid, giving the receiver priority over seized goods.
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Debenture — appointment of receiver — validity of appointment by deed under a bank’s common seal versus "writing under the hand of a Manager" — construction of debenture conditions and priority between receiver and execution creditor.
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28 June 1979 |
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No customary marriage without chinkhoswe; maintenance order clarified to K12 monthly for six years.
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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.
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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 1979 |
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Decree nisi granted for divorce on ground of desertion; custody to petitioner and respondent ordered to pay costs.
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Family law — Divorce — Desertion — Proof of marriage by ceremony and cohabitation — Presumption of validity — Factum and animus deserendi established — No consent or justification for separation — Decree nisi, custody and costs awarded.
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7 April 1979 |
| March 1979 |
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Child welfare outweighs parental immorality; appeal allowed and custody awarded to the mother.
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Children law — custody — welfare of the child paramount; parental morality and cohabitation not determinative; abandonment; appellate interference with discretion.
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30 March 1979 |