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Malawi decisions
Decisions matching the current search
Chikomola v Matola (Child Justice Review Case 636 of 2022) [2022] MWHC 138 (4 October 2022)
Child maintenance case in which the court found the respondent had failed to maintain two children and ordered monthly support, school fees, clothing, medical care, and rent contributions.
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.
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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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.
Chiluwe v Chiluwe (Matrimonial Cause 9 of 2019) [2021] MWHCFam 1 (19 May 2021)
The petitioner proved cruelty as defined by law, justifying dissolution of marriage. The ground of desertion was not established due to insufficient period of separation and evidence of consent. Jurisdictional requirements were met as both parties are Malawian nationals and the marriage was under the repealed Marriage Act.
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Mlaliki v Mlaliki (Matrimonial Cause 9 of 2018) [2020] MWHCCiv 22 (27 August 2020)
The petitioner failed to prove desertion as he was the one who repeatedly told the respondent to leave and made reconciliation impossible. The respondent proved cruelty by the petitioner through evidence of a serious physical assault, which was sufficient to warrant divorce under the applicable law. The court found that a single act of cruelty, especially one resulting in injury and humiliation, is sufficient for dissolution of marriage.
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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.
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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