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Title
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Date
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Court denied the applicant’s request to relocate three children to Canada as contrary to their best interests.
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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High Court reviewed and set aside subordinate custody order, awarding primary custody to the breastfeeding mother and ordering medical and social assessments.
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.
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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Whether the respondent is liable to maintain the children and the appropriate financial and material maintenance order.
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.
Choice of law – MDFRA v
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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Court limited property division to jointly held assets, recorded joint custody of the younger child, and ordered K300,000 monthly maintenance.
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
Custody – joint custody of younger child recorded; no order for non‑issue older child
Maintenance – court fixes monthly maintenance at K300,000
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.
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.
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.
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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Court varied property award to recognise non-financial contributions, upheld instalment payment for village house, and maintained children’s maintenance order.
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 |