Results.
16 documents found.
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Court denied the applicant’s request to relocate three children to Canada as contrary to their best interests.
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Child relocation — best interests of the child; parental capacity and financial stability; continuity and family relationships; compliance with Malawi dual-citizenship law; unilateral registration of minor’s foreign citizenship.
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Judgment |
14 March 2025 |
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Respondent awarded 50% shares in matrimonial assets due to non‑monetary contributions and equality‑as‑equity principle.
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Matrimonial property — recognition of non‑monetary contributions — beneficial interest; distribution of assets on divorce — equality‑as‑equity principle; intention v contribution test for joint ownership; application of CEDAW and Maputo Protocol.
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Judgment |
11 March 2025 |
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High Court reviewed and set aside subordinate custody order, awarding primary custody to the breastfeeding mother and ordering medical and social assessments.
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Family law — Custody — Best interests of the child — Infant breastfeeding as paramount consideration — High Court supervisory review under Section 26 Courts Act — Quashing subordinate court custody order — Orders for medical and social welfare assessments.
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Judgment |
22 January 2025 |
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An informal union cannot be dissolved by divorce; the applicant must seek declaration of marriage by repute and ancillary reliefs.
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Constitutional recognition of informal unions; Marriage, Divorce and Family Relations Act ss.12–13; marriage by repute/permanent cohabitation; declaratory jurisdiction to determine existence; ancillary reliefs (custody, maintenance, property) available after court finds such union; divorce proceedings inappropriate to dissolve non-formal unions.
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Judgment |
18 April 2024 |
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Appellate court found the purported will invalid, held customary law must be proved under section 64, and restored land to the appellant and siblings.
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Succession and customary land — validity of will under DEWIPA — DEWIPA prevails over customary law on inheritance — customary law is a question of fact requiring proof under section 64 Courts Act — proof required before land can be treated as attached to chieftaincy — Magistrate court jurisdiction and remedies for property loss.
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Judgment |
18 March 2024 |
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Whether the respondent is liable to maintain the children and the appropriate financial and material maintenance order.
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Child maintenance — liability to maintain children — assessment under Child Care Protection and Justice Act s.10 — orders for monetary upkeep, school fees, clothing, medical bills, rent contribution, vehicle provision — duration sv. s.15/s.16 — best interests of the child.
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Judgment |
4 October 2022 |
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Judgment |
11 July 2022 |
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Divorce granted for cruelty (denial of conjugal rights); adultery unproven; custody to mother; maintenance and property orders made.
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Choice of law — MDFRA v
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Divorce Act; Jurisdiction — domicile and subject matter; Matrimonial grounds — desertion, cruelty (denial of conjugal rights) and adultery; Evidence — hearsay and authentication of electronic messages; Child welfare — custody and access; Maintenance and property division; Damages for adultery and statutory gender discrimination; Costs in matrimonial proceedings
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Judgment |
8 July 2022 |
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Leave for judicial review refused where no recorded hospital decision, no medical evidence under s.243, and alternative remedies available.
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Administrative law — leave to apply for judicial review — necessity of a recorded public decision; Abortion law — section 243 Penal Code exception for operations to preserve mother's life; Alternative remedies — criminal prosecution and child maintenance bars to review; Wednesbury unreasonableness; Onus on applicant to produce medical evidence.
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Judgment |
15 June 2021 |
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Court limited property division to jointly held assets, recorded joint custody of the younger child, and ordered K300,000 monthly maintenance.
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Family law — dissolution of marriage — ancillary relief — distribution of matrimonial property — only jointly held property or property with proven joint contribution is distributable; intention, conduct and contribution are decisive; inherited property excluded
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Custody — joint custody of younger child recorded; no order for non‑issue older child
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Maintenance — court fixes monthly maintenance at K300,000
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Valuation — improvements to family business to be valued and split
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Judgment |
23 September 2020 |
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Court granted interim access to home and belongings, ordered temporary accommodation and a vehicle, and maintained interim custody with specified visitation.
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Family law — Interim relief in divorce proceedings — Matrimonial home, disputed tenancy and interim occupation; Interim accommodation orders; Interim possession of belongings; Interim vehicle provision pending ownership determination; Child custody — best interests principle, need for social report and child interviews; Visitation rights; Parties to communicate via legal representatives; Costs in the cause.
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Judgment |
26 November 2018 |
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Respondent awarded custody after court found petitioner’s parental alienation harmed the children’s welfare; petitioner granted fortnightly visitation.
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Child custody — Best interests and welfare of the child paramount — Children's views considered in context — Parental alienation: identification, remedy and speedy robust court response — Restoration/maintenance of parent-child relationship — Restriction on further applications without leave — Review of related criminal intimidation proceedings.
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Judgment |
7 September 2018 |
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Appellate court set aside sale of matrimonial houses, awarded them to the appellant, remitted child maintenance assessment, and affirmed compensation.
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Customary marriage dissolution — matrimonial property — fair disposition of property to spouse with custody of children; remittal for maintenance assessment; affirmation of compensation award.
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Judgment |
22 June 2018 |
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Division of matrimonial property: assets acquired during marriage are joint; sales and proceeds divided considering contributions and child custody.
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Family law — Distribution of matrimonial property — Assets acquired or improved during marriage form joint/matrimonial property; considerations: contribution, custody, income; sale and division of proceeds; allocation of movables; sale via Registrar due to animosity.
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Judgment |
30 October 2017 |
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High Court has jurisdiction to distribute intestate estates; absent proven special circumstances, spouse and children receive adjusted fair shares (29%, 29%, 32%, 5%, 5%).
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Probate/Intestate succession — High Court jurisdiction under Deceased Estates Act — s.17 fair distribution principles — "special circumstances" to depart from equal shares — weight of intestate's terminal-benefits allocation and proof of spousal/third-party contributions — consideration of children's ages and parents' medical needs.
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Judgment |
15 March 2017 |
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Court varied property award to recognise non-financial contributions, upheld instalment payment for village house, and maintained children’s maintenance order.
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Family law — Divorce and ancillary orders — Fair distribution of matrimonial property — recognition of non-financial contributions; maintenance orders — assessment by reference to payer’s means and children’s best interests; instalment payments justified where payer lacks means; appellate review limited without fresh evidence.
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Judgment |
20 May 2015 |