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All courts - 1981 April

3 judgments
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3 judgments
April 1981
Chibweya v Chibweya & 1 other (Civil Cause 520 of 1979) [1981] MWHC 5 (6 April 1981)
6 April 1981
Chimbweya v Chimbweya & 2 Others (Civil Cause 520 of 1979) [1981] MWHCCiv 2 (6 April 1981)
Applicant’s adultery and cruelty claims failed; respondent’s cross‑petition succeeded on circumstantial evidence proving applicant's adultery.
  • Divorce law — Adultery — Standard of proof for adultery by circumstantial evidence — Disposition and opportunity required — Confession/admission only evidence against the maker; Cruelty — single incident and self‑defence insufficient to render cohabitation dangerous; Decree nisi — custody adjourned.
6 April 1981
Mailosi v Mailosi and other (Civil Cause 266 of 1979) [1981] MWHCFam 1 (3 April 1981)
Decree nisi granted where admitted adultery and repeated violent assaults constituted cruelty; petitioner did not condone adultery.
  • Divorce law — Grounds: adultery and cruelty — Jurisdiction over foreign marriage contracted under Southern Rhodesia Marriage Act — Condonation defence considered and rejected.
3 April 1981