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Malawi Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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Family law [2025] MWHCFam 3

Kamanga v Kasongo

Kamanga v Kasongo (Miscellaneous Cause 1 of 2025) [2025] MWHCFam 3 (14 March 2025)

The High Court refused a mother's request to take three children to Canada, finding the relocation lacked sufficient proof of stable housing, finances, and legal compliance.

  • Child custody
  • Relocation of children
  • Dual citizenship
  • Best interests of the child
  • Best-interests-of-the-child
  • Child-relocation
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Family law [2025] MWHCFam 2

Kulinji v Mlabowa

Kulinji v Mlabowa (Matrimonial Cause 29 of 2023) [2025] MWHCFam 2 (11 March 2025)

The respondent is entitled to a beneficial interest in all property acquired during the marriage, including the house, shop, farming business, and Mazda Demio, based on the principle that equality is equity, recognizing her non-financial contributions and the economic disadvantage resulting from her role as homemaker.

  • Matrimonial property
  • Equitable distribution
  • Non-financial contributions
  • Beneficial interest
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Civil procedure

Ronald Amos and Elizabeth Amos v Alice Amos Phiri

The High Court’s Family and Probate Division held that a partnership-and-property dispute was commercial in nature, lacked jurisdiction, and was transferred.

  • Transfer of matter between high court divisions
  • Specialised divisions of the high court
  • Reasonable cause of action
  • Costs
  • Interlocutory injunction
  • Jurisdiction
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Family law [2025] MWHC 8

Almeida v Almeida (Being Civil Appeal No. 6 of 2024)

Almeida v Almeida (Being Civil Appeal No. 6 of 2024) [2025] MWHC 8 (3 February 2025)

All issues relating to custody, visitation, and access—including the mother's intended relocation—can and should be resolved within the pending appeal before this court; all other proceedings in other courts are stayed until the appeal is determined to finality.

  • Child custody
  • Visitation rights
  • Parental relocation
  • Jurisdiction
  • Recusal
  • Appeals
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Family law [2025] MWHC 2

Kaipa v Chinzenga

Kaipa v Chinzenga (Matrimonial Review Cause No. 2 of 2025 (Being Civil Cause No. 682 of 2025)) [2025] MWHC 2 (22 January 2025)

The High Court of Malawi quashed a custody order and granted primary custody of a four-month-old child to the mother, emphasizing breastfeeding and the child’s best interests.

  • Child custody
  • Breastfeeding rights
  • Parental maintenance
  • Supervisory jurisdiction
  • Review of lower court decision
  • Child-custody
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Civil procedure [2025] MWHCFam 1

Kadzakumanja v Kadzakumanja & Chasweka (Being High Court, Lilongwe Registry, Family & Probate Division, Probate Cause No. 623 of 2020)

Kadzakumanja v Kadzakumanja & Chasweka (Being High Court, Lilongwe Registry, Family & Probate Division, Probate Cause No. 623 of 2020) [2025] MWHCFam 1 (22 January 2025)

Applications for leave to appeal and stay of execution are dismissed because the judgment is inchoate and not eligible for appeal or stay; proper procedure requires application for stay in the court below when concurrent jurisdiction exists.

  • Leave to appeal
  • Stay of execution
  • Inchoate judgments
  • Concurrent jurisdiction
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Family law [2024] MWHCFam 3

Almeida v Almeida (18 of 2024)

Almeida v Almeida (18 of 2024) [2024] MWHCFam 3 (29 November 2024)

The High Court of Malawi denied leave to appeal, holding that the family dispute was still in progress and that piecemeal appeals should be avoided.

  • Leave to appeal
  • Case management
  • Child relocation
  • Custody and access
  • Leave-to-appeal
  • Child-custody
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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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Family law

Alfonso Mbiza v Christina Chapotera

Order on distribution of matrimonial property after divorce between Alfonso Mbiza and Christina Chapotera, apportioning the Nyambadwe and Mdeka houses and dismissing several other claims.

  • Division of matrimonial property
  • Joint ownership
  • Contribution to acquisition and maintenance
  • Distribution after divorce
  • Customary claim to build house for wife
  • Costs
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Family law

Paul Kazunguza Maseko v Sharon Joan Kazunguza Maseko

The High Court granted leave to the respondent to file pleadings out of time in a divorce cause, holding that service on her lawyers was effective and that fairness and access to justice required a hearing.

  • Divorce petition
  • Service of process
  • Appearance and defence
  • Leave to file out of time
  • Access to justice
  • Estoppel
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About this LexChat collection

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.