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Malawi decisions
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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.
Chiwanda v Jana (Civil Appeal Cause 20 of 2020) [2021] MWHCCiv 20 (26 July 2021)
The High Court of Malawi partly remitted a divorce appeal, saying it could not review matrimonial property distribution without the trial record.
Namandwa v Namandwa (Civil Appeal 42 of 2018) [2020] MWHCCiv 23 (27 August 2020)
High Court appeal on matrimonial property distribution. The court reallocated the Mandala house to the appellant, kept the Zomba house with the respondent, and awarded maintenance.
Mayamiko Specha v Siliya Specha (Civil Appeal 15 of 2019) [2019] MWHC 91 (27 May 2019)
The High Court of Malawi ordered a re-trial after finding the lower court improperly dealt with matrimonial property, maintenance, and compensation issues.
Malazie v Malazie (Misc. Civil Case 14 of 2019) [2019] MWHC 94 (3 May 2019)
The High Court set aside a custody order made by a Third Grade Magistrate, holding that custody jurisdiction lies with child justice courts under the law.
Sibale v Sibale (Matrimonial Cause 11 of 2018) [2019] MWHC 124 (9 April 2019)
The petitioner proved cruelty by the respondent, which is a ground for divorce. Adultery was condoned and thus not a ground. Custody of young children is best with the mother. The respondent must pay maintenance and compensation. Construction of a matrimonial house does not apply to civil marriages.
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Kajawa v Kajawa (Civil Appeal 26 of 2018) [2018] MWHC 812 (30 July 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.
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.
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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