Elena Kaupembe v Timothy Kaupembe (Matrimonial Cause 43 of 2015) [2015] MWHC 497 (21 December 2015)
The lower court's distribution of matrimonial property was fair and there was no justification to interfere with the order.
Source-derived case information.
- Citation
- [2015] MWHC 497
- Parties
- Applicant: Elena Kaupembe; Respondent: Timothy Kaupembe
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Matrimonial Cause 43 of 2015
- Procedural Posture
- Matrimonial Cause / Appeal Judgment
- Outcome
- appeal dismissed
- Legal Topics
- Matrimonial Property, Distribution of Property, Appeal Procedure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Elena Kaupembe
Applicant
Timothy Kaupembe
Respondent
Procedural Posture
Matrimonial Cause / Appeal Judgment
Legal Issues
- 1 Whether the lower court's distribution of matrimonial property was fair
- 2 Whether there is justification to interfere with the lower court's order
Ratio Decidendi
The lower court's distribution of matrimonial property was fair and there was no justification to interfere with the order.
Court Disposition
appeal dismissed
Orders
- Each party to meet his/her own costs
Full Case Text
Judgment text and source record
1 paragraphs
_____ ............. ,·~""" HIGH CCU MT ~ LIBAAfnr j IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY MATRIMONIAL CAUSE NO 43 OF 2015 BETWEEN ELENA KAUP EM B E------------------------------------------A PP LI CANT AND Tl MOTHY KAU PEM BE-------------------------------------RESPON DENT CORAM: HON. JUSTICE M. C. C. MKANDAWIRE Appellant, present ( unrepresented) Respondent, present (unrepresented) Mrs Jere, Court Reporter Mr ltai, Official Court Interpreter JUDGMENT This is an appeal filed by Elena Kaupembe the appellant against Timothy Kaupembe the respondent. This appeal follows the decision of the Fourth Grade Magistrate sitting at Mtakataka which decision was delivered on the 13th of August 2015. The appeal is confined to the order of the distribution of the matrimonial property which was as follows: For Petitioner ( now respondent) A sofa set, 2 bicycles, a motor cycle, 2 bags of groundnuts, 25 bags of rice, 4 bags of maize, land at Mbendera and Msekeni, a bed and two goats and land at Tembetembe. For Respondent (now applicant) Six chairs, TV screen, DVD player, inventor, 2 bicycles, 25 bags of rice, 4 bags of maize, 2 bags of groundnuts, land at Msolo and Mwausinja areas, a bed, land at KIA area and 2 goats. I am aware that an appeal from the Magistrate court to this court is by way of rehearing. In doing that, I have looked at the entire record of the trial court especially the one relating to the distribution of property which appears on pages 16-20 of the typed court record . I have also looked at the ruling or order that was given by the trial magistrate. I have compared what the parties herein had said before the trial court and what they are saying on appeal. My observation is that the Fourth Grade Magistrate had given the best of his scrutiny in addressing all the issues that were raised with regards to the property which was the subject matter of distribution. When I look at the distribution list, I have come to the conclusion that the lower court was so fair to both parties. I do not find any justification in interfering with his order of distribution. There is no merit in what the appellant has raised. I therefore dismiss this appeal. Each party to meet his/her own costs . DELIVERED THIS 21 5r DAY OF DECEMBER 2015 AT LILONGWE M. C. C. MKANDAWIRE JUDGE