Malawi Case Law

Kajao v Mwambucha and 2 Others

Kajao v Mwambucha and 2 Others (Civil Cause 73 of 2019) [2024] MWHCCiv 5 (17 January 2024)

Court

High Court of Malawi Civil Division

Case number

Civil Cause 73 of 2019

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…

Source excerpt

• Inheritance of customary land
• Msudzulo ceremony
• Clan land rights
• Non-discrimination
• Proof of customary law
• Intestate succession

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Mkumba and Tweya v Nkumba and Nkumba

Mkumba and Tweya v Nkumba and Nkumba (Probate Cause 43 of 2018) [2022] MWHC 29 (15 February 2022)

Court

High Court of Malawi

Case number

Probate Cause 43 of 2018

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.

• Intestate succession
• Administration of estates
• Corporate veil
• Appointment and removal of administrators
• Beneficiary rights
• Fraudulent misrepresentation

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Mkumba and Tweya v Mkumba and Another

Mkumba and Tweya v Mkumba and Another (Probate Cause 43 of 2018) [2022] MWHCFam 2 (15 February 2022)

Court

High Court of Malawi Family and Probate Division

Case number

Probate Cause 43 of 2018

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.

• Intestate succession
• Letters of administration
• Corporate veil
• Beneficiaries
• Administrator general
• Property grabbing

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Mustafa v Mustafa & Others (MSCA Civil Appeal 51 of 2013)

Mustafa v Mustafa & Others (MSCA Civil Appeal 51 of 2013) [2021] MWSC 13 (6 June 2021)

Court

Malawi Supreme Court of Appeal

Case number

MSCA Civil Appeal 51 of 2013

Plots SAL/176 and 177 were acquired and developed jointly by the appellant and the deceased during their marriage. Upon the deceased's death, these properties vested in the appellant by survivorship as joint owner and do not form part of the deceased's estate for administration. The rights of the appellant in these properties are not extinguished by the subsequent marriage of the deceased or by the presence of other spouses. The appeal is allowed; the lower court's orders for administration of these properties are set aside.

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• Matrimonial property
• Intestate succession
• Women's property rights
• Joint ownership
• Inheritance
• Customary law

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Lydia Sigoloti v Rennwx Sigoloti (Appeal Cause 36 of 2018)

Lydia Sigoloti v Rennwx Sigoloti (Appeal Cause 36 of 2018) [2019] MWHC 31 (19 January 2019)

Court

High Court of Malawi

Case number

Appeal Cause 36 of 2018

The High Court of Malawi dismissed an inheritance appeal over two tea gardens, holding that the deceased brother’s children could inherit the property from their father.

• Intestate succession
• Inheritance of family property
• Intestate-succession
• Inheritance
• Family-property
• Civil-appeal

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Banuel v Kachikondo & Ors.

Banuel v Kachikondo & Ors. (Civil Appeal 34 of 2016) [2018] MWHC 1084 (25 October 2018)

Court

High Court of Malawi

Case number

Civil Appeal 34 of 2016

The High Court of Malawi allowed an appeal over disputed inheritance land, holding that intestate succession statute prevails over customary law and the land belongs to the appellant and her siblings.

• Inheritance
• Customary law
• Intestate succession
• Deceased estates
• Intestate-succession
• Customary-law

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Nsanjama v Nsanjama & Ors.

Nsanjama v Nsanjama & Ors. (Probate Cause 149 of 2013) [2018] MWHC 50 (8 June 2018)

Court

High Court of Malawi

Case number

Probate Cause 149 of 2013

The court held that the Deceased Estate (Wills, Inheritance and Protection) Act governs distribution, requiring hardship protection for dependants and immediate family, retention of household belongings by the spouse, and distribution of the remainder among spouse and children according to age, with the youngest child receiving the largest share. The court rejected equal shares for all, instead allocating specific lump sums for hardship and percentage shares for the remainder, after deducting advances and administration costs. The schools are to be valued, with Malosa school partners paying o…

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• Intestate succession
• Distribution of deceased estate
• Beneficiary shares
• Administration of estate
• Customary land
• Hardship protection

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Chakondwa v Chakondwa & Ors. (Land Cause 65 of 2017)

Chakondwa v Chakondwa & Ors. (Land Cause 65 of 2017) [2018] MWHC 75 (8 June 2018)

Court

High Court of Malawi

Case number

Land Cause 65 of 2017

The claimant suppressed the material fact that she does not reside on or possess the disputed land, misleading the court into granting an ex parte injunction. The right to customary land is based on use and possession, which the claimant lacks. The injunction is unenforceable and nugatory as there was no eviction to be stopped. It is not just to allow the injunction to subsist given the claimant's lack of possession and the status quo. The order is set aside for non-disclosure and lack of enforceability.

Source excerpt

• Interlocutory injunction
• Customary land rights
• Non-disclosure of material facts
• Intestate succession

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Moyo v Moyo

Moyo v Moyo (Civil Cause 111 of 2014) [2017] MWHC 142 (30 October 2017)

Court

High Court of Malawi

Case number

Civil Cause 111 of 2014

High Court of Malawi decision on intestate succession ordering sale of estate assets and equal distribution among the widow and four children.

• Intestate succession
• Fair distribution of estate
• Dependants' protection
• Intestate-succession
• Deceased-estates
• Family-law

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Chinkwende & Anor. v Chinkwende

Chinkwende & Anor. v Chinkwende (Probate Cause 757 of 2016) [2017] MWHC 68 (15 March 2017)

Court

High Court of Malawi

Case number

Probate Cause 757 of 2016

High Court of Malawi probate decision distributing an intestate estate among a widow, children, and parents under statutory fair-distribution principles.

• Intestate succession
• Distribution of estate
• Dependants' rights
• Spousal entitlement
• Children's entitlement
• Intestate-succession

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