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Malawi decisions
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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.
Kuweruza v Kampaundi (Civil Appeal 116 of 2016) [2024] MWHC 20 (18 March 2024)
The lower court erred in holding that customary land cannot be bequeathed by will; however, the purported will was invalid for lack of proper execution. The lower court also erred in finding the land was connected to chieftaincy without proper proof of custom as required by section 64 of the Courts Act. The evidence showed the appellant's father occupied the land prior to becoming chief, and the respondent failed to prove a custom that the land was tied to chieftaincy. The appeal was allowed and the land ordered restored to the appellant and her siblings.
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Kajao v Mwambucha and 2 Others (Civil Cause 73 of 2019) [2024] MWHCCiv 5 (17 January 2024)
The court held that the custom of Msudzulo ceremony, to the extent that it requires a surviving spouse and children to vacate the deceased’s land, is unconstitutional as it results in unfairness and gender-based discrimination, contrary to the Constitution’s protection of property rights and non-discrimination. The Defendants, as immediate family of the deceased, are entitled to remain on and inherit the disputed customary land under the Deceased Estates (Wills, Inheritance and Protection) Act. The Claimant and his clan members have no legal entitlement to repossess the land. The court also f…
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Khoromana (on her own behalf & of other beneficiaries of the Estate of Edward Khoromana (Deceased)) v Barlucchi & Unyolo (Probate Cause 195 of 2022) [2023] MWHCFam 6 (16 May 2023)
The High Court of Malawi dismissed a widow’s probate claim for lack of locus standi because she had not obtained letters of administration, while safeguarding the deceased’s children’s interests.
Josaya v Josaya and Josaya (Probate Cause 97 of 2020) [2023] MWHCFam 3 (27 January 2023)
The High Court of Malawi revoked letters of administration, holding that a prenuptial agreement cannot displace a spouse’s statutory rights under intestacy law.
Masanje and Another v Masanje and Another (Probate Cause 123 of 2021) [2022] MWHCFam 1 (13 September 2022)
The Letters of Administration granted to the Respondents only covered the declared bank funds and not the other assets listed by the Applicants. There was no sufficient basis to revoke the grant as the declared estate was properly administered, and the Applicants' concerns relate to unadministered assets not covered by the original grant.
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Mkumba and Tweya v Nkumba and Nkumba (Probate Cause 43 of 2018) [2022] MWHC 29 (15 February 2022)
The High Court of Malawi revoked Letters of Administration over a disputed intestate estate, appointed the Administrator General, ordered an audit, and found property-grabbing in relation to one company asset.
Mkumba and Tweya v Mkumba and Another (Probate Cause 43 of 2018) [2022] MWHCFam 2 (15 February 2022)
High Court ruling in a probate dispute over an intestate estate, company assets, and administration. The Court revoked the claimants’ letters and appointed the Administrator General.
In the matter of the estate of Grace Mbisa ( deceased) & In the matter of an application for grant of letters of Administration by Jane Caroline Zeka & Frazer Lewis Zeka Phiri (Probate Cause 22 of 2022) [2022] MWHC 8 (21 January 2022)
The High Court held that estate duty must be assessed using the schedule in force at the deceased’s death, not a later amendment, and ordered a fresh assessment.
Mamashila v Chafunya and Another (Civil Cause 256 of 2020) [2021] MWHC 226 (23 December 2021)
The High Court of Malawi dismissed a claimant’s bid for a share of property held in Malawi, finding she had not proved the relevant South African law governing the alleged domestic partnership.
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