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Malawi decisions
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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.
Nyirenda v Sichali (Civil Appeal 5 of 2021) [2022] MWHCCiv 68 (6 May 2022)
The High Court dismissed an application to stay execution pending appeal over matrimonial property, finding no special circumstances or prospects of success.
Nyanyale v Nyanyale (nee Chitseko) (Civil Appeal 18 of 2020) [2021] MWHC 44 (14 June 2021)
The lower court had jurisdiction to distribute the matrimonial property as an ancillary relief to the dissolution of the customary marriage, regardless of the value. The lower court properly considered the contributions and intentions of the parties, and was guided by binding Supreme Court precedent. The Marriage, Divorce and Family Relations Act was not applicable to this marriage. The appeal fails in its entirety.
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Mussa v Mussa (Civil Appeal 9 of 2018) [2021] MWHC 363 (24 March 2021)
The High Court allowed an appeal in a matrimonial property dispute, set aside the lower court’s order, and directed a retrial on the house distribution issue.
Tewesa v Tewesa (Matrimonial Cause 9 of 2012) [2020] MWHC 28 (31 August 2020)
Educational qualifications are not divisible as matrimonial property but the Petitioner is entitled to compensation for her contributions to the Respondent's education. All other matrimonial property acquired during marriage is to be distributed equally, and compensation and housing orders are revised for adequacy and fairness.
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Chanza v Chanza (Civil Appeal 113 of 2017) [2018] MWHC 70 (22 June 2018)
High Court appeal on divorce-related property division, child maintenance, and compensation. The court kept the houses with the appellant, upheld compensation, and sent maintenance back for assessment.
Mankhambera v Mankhambera (Matrimonial Cause 26 of 2015) [2015] MWHC 499 (21 December 2015)
The High Court of Malawi distributed matrimonial property after divorce, holding that indirect contributions and family use made the assets joint property.
EN v TN (Matrimonial Appeal Cause 4 of 2012) [2015] MWHC 512 (20 May 2015)
The appeal partly succeeds. The lower court erred in awarding only part of the semi-detached house to the appellant; the entire semi-detached housing block should be awarded to her. The order for payment towards construction of a customary house is upheld but the respondent must clear the outstanding sum within 30 days. The child maintenance order is upheld due to lack of evidence of the respondent’s higher means.
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Kishindo v Kishindo (Civil Cause 397 of 2013) [2014] MWHC 2 (7 October 2014)
All matrimonial property, including the Old Naisi and Domasi houses and household items, is jointly held by the spouses and must be distributed equally based on fairness, regardless of whose name the property is registered in or who contributed to its acquisition. There is no automatic entitlement to the Old Naisi house for the applicant under customary law, and maintenance is not awarded due to lack of evidence of need.
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Malewezi v Malewezi (19 of 2007) [2009] MWHC 37 (14 April 2009)
The lower court erred in ordering the sale and equal sharing of the real property and car without properly considering the parties' intentions and contributions; that part of the order is set aside and parties are to address the court further on it.
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