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Malawi Case Law

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Family-law [2024] MWHC 50

Goodson v Chidothi

Goodson v Chidothi (Civil Appeal 6 of 2020) [2024] MWHC 50 (4 October 2024)

The High Court partially allowed a matrimonial appeal, upheld the existence of a customary marriage, revised property distribution, and dissolved the marriage.

  • Customary-marriage
  • Matrimonial-property-distribution
  • Child-support
  • Jurisdiction
  • Compensation
  • Legal-recognition-of-marriage
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Land-law [2024] MWHCCiv 9

Luka v Mandala

Luka v Mandala (Civil Appeal 16 of 2022) [2024] MWHCCiv 9 (15 July 2024)

The High Court dismissed an appeal over disputed customary land, holding that the Limitation Act did not apply and that succession was governed by the Deceased Estates Act.

  • Customary-land-inheritance
  • Limitation-period-for-land-claims
  • Application-of-statutory-succession-law-to-customary-land
  • Limitation-period-land-claims
  • Succession-law
  • Customary-law
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Land-law [2023] MWHCCiv 35

Sichone v Chilango and Another (Land Cause 44 of 2022)

Sichone v Chilango and Another (Land Cause 44 of 2022) [2023] MWHCCiv 35 (26 June 2023)

The High Court dismissed a land claimant’s injunction application and struck out the suit, holding that customary land disputes fall within appellate, not original, jurisdiction.

  • Customary-land-disputes
  • Jurisdiction
  • Interlocutory-injunctions
  • Appellate-procedure
  • Costs
  • Enforcement-of-traditional-authority-decisions
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Land-law [2022] MWHC 68

Msuku v Manesi, Maganga, Maganga and Persons unknown

Msuku v Manesi, Maganga, Maganga and Persons unknown (Civil Cause 204 of 2021) [2022] MWHC 68 (20 May 2022)

The High Court of Malawi set aside a default judgment over a customary land dispute, accepting the defendants’ confusion between related proceedings and allowing the case to be heard on the merits.

  • Default-judgment
  • Setting-aside-judgment
  • Customary-land
  • Jurisdiction
  • Statutory-tribunals
  • Civil-procedure
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Land-law [2021] MWHC 175

Magodo v Chikopa

Magodo v Chikopa (Civil Appeal 36 of 2019) [2021] MWHC 175 (9 November 2021)

The High Court of Malawi allowed an appeal over customary land, reversed the magistrate’s decision, and held the appellant owned the disputed four-metre strip.

  • Customary-land-ownership
  • Sale-of-land
  • Role-of-chiefs-in-land-disputes
  • Contract-of-sale-requirements
  • Appeals-from-subordinate-courts
  • Land-boundary-dispute
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Land-law [2021] MWHC 232

Hussein v Chiwaula

Hussein v Chiwaula (Civil Appeal Cause 15 of 2018) [2021] MWHC 232 (25 October 2021)

The High Court dismissed a land appeal, holding the appellant failed to prove that the respondent’s customary dimba allocation was limited to three years.

  • Customary-land-allocation
  • Rights-of-usage
  • Removal-from-customary-land
  • Customary-land
  • Land-law
  • Civil-appeal
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Land-law [2021] MWHC 198

Madisi Masjid Kadria Asum v Mwachibe Family

Madisi Masjid Kadria Asum v Mwachibe Family (Civil Appeal Cause 40 of 2018) [2021] MWHC 198 (14 October 2021)

The High Court dismissed an appeal over disputed customary land at Madisi, holding that the Mwachibe family were the original allottees and had not transferred ownership.

  • Customary-land-ownership
  • Land-allocation-by-chiefs
  • Appeals-procedure
  • Land-disputes
  • Civil-appeals
  • Mosque-property-dispute
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Land-law [2021] MWHC 166

Madisi Masjid Kadria ASUM v Mwachibwe Family

Madisi Masjid Kadria ASUM v Mwachibwe Family (Civil Appeal Cause 40 of 2018) [2021] MWHC 166 (14 October 2021)

The High Court dismissed an appeal over customary land in Madisi, finding the respondent family’s ownership evidence more credible than the appellant mosque’s claim.

  • Customary-land-ownership
  • Land-disputes
  • Appeals
  • Burden-of-proof
  • Civil-appeals
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Administrative-law [2021] MWHC 294

S( On the application of Labson Bwanali) v Minister of Malawi government responsible for local government

S( On the application of Labson Bwanali) v Minister of Malawi government responsible for local government (Judicial Review 44 of 2019) [2021] MWHC 294 (5 July 2021)

The High Court held that the Minister’s tacit appointment of an Acting Traditional Authority was ultra vires, unlawful, and reviewable, and granted certiorari and mandamus.

  • Judicial-review
  • Appointment-of-chiefs
  • Ultra-vires
  • Legitimate-expectation
  • Customary-practices
  • Customary-law
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.