Tambula v Tambula (Civil Appeal 60 of 1980) [1980] MWNTAC 1 (21 August 1980)
The evidence overwhelmingly supports the respondent's claim of desertion and paternity; the appellant is liable to pay 'Chisuzula'.
Source-derived case information.
- Citation
- [1980] MWNTAC 1
- Parties
- Appellant: James Tambula; Respondent: Karista Tambula
- Court
- National Traditional Appeal Court
- Jurisdiction
- Malawi
- Case Number
- Civil Appeal 60 of 1980
- Procedural Posture
- Civil Appeal / Judgment
- Outcome
- appeal dismissed with costs
- Legal Topics
- Desertion, Maintenance, Paternity
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Tambula
Appellant
Karista Tambula
Respondent
Procedural Posture
Civil Appeal / Judgment
Legal Issues
- 1 Whether the appellant deserted the respondent without cause
- 2 Whether the appellant is liable to pay 'Chisuzula'
- 3 Whether the appellant is the father of the child
Ratio Decidendi
The evidence overwhelmingly supports the respondent's claim of desertion and paternity; the appellant is liable to pay 'Chisuzula'.
Court Disposition
appeal dismissed with costs
Orders
- Appellant to pay 'Chisuzula' amounting to K31.00 including costs
Full Case Text
Judgment text and source record
1 paragraphs
IN THE NATIONAL TRADITIONAL APPEAL COURT SITTING AT LIMBE, BLANTYRE CIVIL APPEAL CASE No. 60 OF 1980 BETWEEN JAMES TAMBULA …………………………………… APPELLANT AND KARISTA TAMBULA ………………………………... RESPONDENT JUDGEMENT This is an appeal against the judgement of the Blantyre Traditional Court which found the appellant liable on a claim headed "Kundisiya Ukwati popanda chifukwa" and was ordered to pay "Chisuzula" to the respondent amounting to K31.00 including costs. The facts, briefly, are that the parties had been married for only two months when the appellant deserted the respondent. The latter was left in conception and a child has since been born. The appellant has suggested that he is not the putative, father but the evidence is overwhelming to the contrary. In our view there is no merit in the appeal and we summarily dismiss it with costs. HON. JUDGE CHIEF CHIMUTU (ACTING CHAIRMAN) HON. JUDGE CHIEF MLONYENI (MEMBER) HON. JUDGE CHIEF MSAKAMBEWA (MEMBER) HON. JUDGE MR. S. Z. P. GONDWE (MEMBER) HON. JUDGE PR. B. W. KALUKUSHA (MEMBER) DATED THIS 21ST DAY OF AUGUST, 1980 SITTING AT LIMBE BLANTYRE.