Sande v Sande & 2 Others (Civil Cause 117 of 1985) [1987] MWHC 21 (11 November 1987)

Sande v Sande & 2 Others (Civil Cause 117 of 1985) [1987] MWHC 21 (11 November 1987)

Petitioner failed to prove adultery by respondent; respondent failed on procedural grounds to prove adultery by petitioner as cross petition was not properly served.

Citation
[1987] MWHC 21
Parties
Petitioner: McDonald Sande; Respondent: Susan Sande; Co Respondent: Peter Mkukumila; Party Cited: Inesi Magombo
Court
High Court of Malawi
Jurisdiction
Malawi
Judgment Date
11 November 1987
Case Number
Civil Cause 117 of 1985
Procedural Posture
Divorce Petition and Cross Petition / Judgment
Outcome
Petition and cross petition dismissed.
Legal Topics
Divorce, Adultery, Procedural Requirements, Costs
Source Language
English
Family Law Divorce Adultery Procedural Requirements Costs

Case Brief

Summary, issues, holding and outcome

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Parties

McDonald Sande

Petitioner

Susan Sande

Respondent

Peter Mkukumila

Co Respondent

Inesi Magombo

Party Cited

Procedural Posture

Divorce Petition and Cross Petition / Judgment

Legal Issues

  1. 1 Whether the petitioner proved adultery by the respondent with the co-respondent
  2. 2 Whether the respondent proved adultery by the petitioner with the party cited
  3. 3 Whether procedural requirements for service of cross petition were met

Ratio Decidendi

Petitioner failed to prove adultery by respondent; respondent failed on procedural grounds to prove adultery by petitioner as cross petition was not properly served.

Court Disposition

Petition and cross petition dismissed.

Orders

  • Petitioner condemned in costs of respondent and co-respondent for the petition, to be agreed or taxed.
  • No order as to costs for the cross petition.