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Malawi decisions
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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.
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.
The High Court of Malawi dissolved the marriage between Upendo Lawrence and Charles Lawrence, awarded primary custody to the petitioner, and set monthly access for the respondent.
Chinkono v Chinkono (Matrimonial Appeal Cause 13 of 2022) [2023] MWHCFam 7 (24 April 2023)
High Court appeal over matrimonial property distribution, awarding the wife one-third of the house value, leaving the car with the husband, and increasing compensation to K1.5 million.
C.S and D.S v N.T.M (Matrimonial Cause 14 of 2021) [2022] MWHC 106 (8 July 2022)
High Court of Malawi matrimonial judgment granting divorce for cruelty, after finding unjustified denial of conjugal rights. Other grounds failed.
C.S v D.S (Matrimonial Cause 14 of 2021) [2022] MWHC 230 (8 July 2022)
The High Court of Malawi granted a decree nisi of divorce on cruelty, based on unjustified denial of conjugal rights, and dismissed the other claims and the cross-petition.
Botha v Botha and Bence (Matrimonial Cause 8 of 2021) [2022] MWHCFam 6 (27 May 2022)
The High Court of Malawi dismissed a divorce petition and cross-petition after finding the petitioner failed to prove domicile in Malawi for jurisdiction.
W v W (Matrimonial Cause 10 of 2018) [2022] MWHC 70 (27 May 2022)
Neither the house on plot 49/3/1466 nor the Toyota Rush Jeep registration number BT 3148 were jointly owned or intended to be matrimonial property, as the evidence did not establish joint ownership or sufficient contribution by the petitioner to confer a beneficial interest.
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Mbulanje v Mbulanje (Matrimonial Civil Appeal 13 of 2021) [2022] MWHC 203 (13 April 2022)
The High Court dismissed a matrimonial appeal for being irregular and without merit, upheld the award of the matrimonial home and maintenance, and left variation to the lower court.
Giramata v Habimana and Another (Matrimonial Cause 16 of 2020) [2022] MWHCFam 10 (10 January 2022)
The marriage is dissolved on the ground of cruelty as the evidence established intentional conduct by the respondent making continued cohabitation unbearable, and there was no condonation. The ground of adultery was not proved by either party. Compensation is not awarded as it is not provided for under the Marriage Act. The court has jurisdiction as the petitioner is domiciled in Malawi.
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