Malawi Case Law

Nyanyale v Nyanyale (nee Chitseko)

Nyanyale v Nyanyale (nee Chitseko) (Civil Appeal 18 of 2020) [2021] MWHC 44 (14 June 2021)

Court

High Court of Malawi

Case number

Civil Appeal 18 of 2020

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.

Source excerpt

• Dissolution of marriage
• Distribution of matrimonial property
• Customary marriage
• Jurisdiction
• Contribution to matrimonial property

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Mussa v Mussa

Mussa v Mussa (Civil Appeal 9 of 2018) [2021] MWHC 363 (24 March 2021)

Court

High Court of Malawi

Case number

Civil Appeal 9 of 2018

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.

• Dissolution of marriage
• Distribution of matrimonial property
• Customary marriage
• Appeal procedure
• Family-law
• Matrimonial-property

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Kajawa v Kajawa

Kajawa v Kajawa (Civil Appeal 26 of 2018) [2018] MWHC 812 (30 July 2018)

Court

High Court of Malawi

Case number

Civil Appeal 26 of 2018

High Court allowed a divorce appeal after finding a realistic risk of bias by the magistrate, set aside the ruling, and ordered a retrial before a resident magistrate.

• Recusal of magistrate
• Impartiality
• Dissolution of marriage
• Maintenance
• Court procedure
• Recusal

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Loga-Lemberger v Lemberger

Loga-Lemberger v Lemberger (Matrimonial Cause 4 of 2014) [2017] MWHC 845 (1 May 2017)

Court

High Court of Malawi

Case number

Matrimonial Cause 4 of 2014

Uncontested divorce petition granted on cruelty grounds after the court found the respondent’s conduct caused mental and emotional distress to the petitioner.

• Divorce
• Cruelty
• Dissolution of marriage
• Family-law
• Dissolution-of-marriage

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Kishindo v Kishindo

Kishindo v Kishindo (Civil Cause 397 of 2013) [2014] MWHC 2 (7 October 2014)

Court

High Court of Malawi

Case number

Civil Cause 397 of 2013

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.

Source excerpt

• Matrimonial property
• Dissolution of marriage
• Customary marriage
• Property distribution
• Maintenance

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Luka v Magwero

Luka v Magwero (Civil Appeal 23 of 2007) [2008] MWHC 126 (18 June 2008)

Court

High Court of Malawi

Case number

Civil Appeal 23 of 2007

The High Court of Malawi varied a matrimonial property order to protect children’s welfare, directing a disputed house be registered in the children’s names.

• Dissolution of marriage
• Distribution of matrimonial property
• Custody of children
• Family-law
• Matrimonial-property
• Child-custody

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Chamboti v Chamboti

Chamboti v Chamboti (Civil Appeal 25 of 2008) [2008] MWHC 123 (18 June 2008)

Court

High Court of Malawi

Case number

Civil Appeal 25 of 2008

Appeal in a matrimonial property dispute partly succeeded. The High Court adjusted compensation, limited further claims to specific items, and preserved contact between the respondent and children.

• Dissolution of marriage
• Distribution of matrimonial property
• Child custody
• Compensation
• Family-law
• Matrimonial-property

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Mpando v Mpando (14 of 1999)

Mpando v Mpando (14 of 1999) [2000] MWHC 2 (15 February 2000)

Court

High Court of Malawi

Case number

14 of 1999

The High Court of Malawi granted a decree nisi dissolving the marriage on proof of adultery, including cohabitation with other women and a relationship with the co-respondent.

• Divorce
• Adultery
• Dissolution of marriage
• Custody
• Family-law

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Chilinkholi v Chilinkholi

Chilinkholi v Chilinkholi (Civil Cause 504 of 1979) [1988] MWHC 1 (21 March 1988)

Court

High Court of Malawi

Case number

Civil Cause 504 of 1979

The High Court of Malawi granted a decree nisi dissolving the petitioner's marriage on the ground of adultery proved by circumstantial evidence.

• Divorce
• Adultery
• Dissolution of marriage
• Dissolution-of-marriage
• Family-law

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Nasangwe v Nasangwe & Another

Nasangwe v Nasangwe & Another (Civil Cause 165 of 1985) [1987] MWHCCiv 1 (13 July 1987)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 165 of 1985

The High Court of Malawi granted a decree nisi dissolving the marriage for adultery, awarding custody of four children to the petitioner and access to the respondent.

• Dissolution of marriage
• Adultery
• Custody of children
• Family-law
• Divorce
• Child-custody

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