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Marriage and divorce

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Kulinji v Mlabowa (Matrimonial Cause 29 of 2023) [2025] MWHCFam 2 (11 March 2025)
Respondent awarded 50% shares in matrimonial assets due to non‑monetary contributions and equality‑as‑equity principle.
  • 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.
Judgment 11 March 2025
Chanika v Mwalilino (Matrimonial Cause 15 of 2023) [2024] MWHCFam 1 (18 April 2024)
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.
Judgment 18 April 2024
Almeida v Almeida (MSCA Criminal Appeal 11 of 2022) [2022] MWSC 13 (11 July 2022)
Judgment 11 July 2022
C.S and D.S v N.T.M (Matrimonial Cause 14 of 2021) [2022] MWHC 106 (8 July 2022)
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
Judgment 8 July 2022
Chinseu v Gaffar (Matrimonial Cause 5 of 2018) [2018] MWHC 1056 (26 November 2018)
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.
Judgment 26 November 2018
Chanza v Chanza (Civil Appeal 113 of 2017) [2018] MWHC 70 (22 June 2018)
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.
Judgment 22 June 2018