Friday v Sifa (Civil Appeal 46 of 2017) [2018] MWHC 6 (26 March 2018)
The Respondent proved her claim to the customary land on a balance of probabilities, and matrilineal inheritance principles support her entitlement.
- Citation
- [2018] MWHC 6
- Parties
- Appellant: Aaron Friday; Respondent: Mwadasifa
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Judgment Date
- 26 March 2018
- Case Number
- Civil Appeal 46 of 2017
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Inheritance of Customary Land, Matrilineal Land Rights
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Aaron Friday
Appellant
Mwadasifa
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the Respondent is entitled to the piece of customary land inherited from her mother
- 2 Whether the Appellant had a right to cultivate the land after his mother's death
Ratio Decidendi
The Respondent proved her claim to the customary land on a balance of probabilities, and matrilineal inheritance principles support her entitlement.
Court Disposition
appeal dismissed
Orders
- Appellant to vacate the land
- Costs awarded to Respondent
Full Case Text
Judgment text and source record
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