Banda v Banda & Anor. (Civil Cause 813 of 2007) [2007] MWHC 109 (20 November 2007)
The court lacks jurisdiction to distribute the estate; its role is to appoint administrators as per the law.
Source-derived case information.
- Citation
- [2007] MWHC 109
- Parties
- Plaintiff: Lizzie Banda; 1st Defendant: Mr. Chakwawa Banda; 2nd Defendant: Mrs Banda
- Court
- High Court of Malawi
- Jurisdiction
- Malawi
- Case Number
- Civil Cause 813 of 2007
- Procedural Posture
- Civil / Order on Application for Distribution of Estate / Appointment of Administrators
- Outcome
- Application for distribution dismissed; application for appointment of administrators granted.
- Legal Topics
- Intestate Succession, Appointment of Administrators, Distribution of Deceased Estate
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lizzie Banda
Plaintiff
Mr. Chakwawa Banda
1st Defendant
Mrs Banda
2nd Defendant
Procedural Posture
Civil / Order on Application for Distribution of Estate / Appointment of Administrators
Legal Issues
- 1 Whether the court has the duty to distribute deceased estate property
- 2 Proper procedure for distribution of intestate estate
Ratio Decidendi
The court lacks jurisdiction to distribute the estate; its role is to appoint administrators as per the law.
Court Disposition
Application for distribution dismissed; application for appointment of administrators granted.
Orders
- District Commissioner, Dowa, Mr. Chikago Pentigo Banda, Mr. Mandiza Kulenga, and Mr. Divason Chikhosi appointed as administrators of the estate.
- District Commissioner, Dowa to convene and chair meeting of administrators and document their determination.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CIVIL CASE NO. 813 OF 2007 BETWEEN LIZZIE BANDA …………………..………………………… PLAINTIFF AND MR. CHAKWAWA BANDA …………………………1ST DEFENDANT MRS BANDA …………………………………………. 2ND DEFENDANT CORAM : HON. JUSTICE NYIRENDA : : : : Mr. T. Nyirenda, Counsel for the Plaintiff Unrepresented, Counsel for the Defendant Mrs. S. Mbewe, Court Reporter Mrs. Nakweya, Court Interpreter ORDER This matter is before this Court for distribution of the estate of late Watson Penton Banda who died intestate. It is clear to this Court that the application is misconceived because it is not the duty of Court to distribute deceased estate property. The law vests such duty in the administrators of the estate so appointed. I have converted this matter therefore into a mere application for appointment of administrators. Fortunately, all the parties see the point and have agreed on the following persons to be the administrators of the estate. 1. 2. 3. 4. The District Commissioner, Dowa in his official capacity. Mr. Chikago Pentigo Banda Mr. Mandiza Kulenga Mr. Divason Chikhosi It is extremely urgent and imperative that the estate be administered soonest because some of the property is being used by relatives and may either get damaged or disappear. The District Commissioner, Dowa shall convene the meeting with the other administrators soonest at which meeting he shall chair the discussions and document the administrators’ determination. MADE in Chambers at Lilongwe this 21st day of November, 2007. A. K. C. Nyirenda J U D G E