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Malawi Case Law

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Family-law [2024] MWHC 50

Goodson v Chidothi

Goodson v Chidothi (Civil Appeal 6 of 2020) [2024] MWHC 50 (4 October 2024)

The High Court partially allowed a matrimonial appeal, upheld the existence of a customary marriage, revised property distribution, and dissolved the marriage.

  • Customary-marriage
  • Matrimonial-property-distribution
  • Child-support
  • Jurisdiction
  • Compensation
  • Legal-recognition-of-marriage
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Land-law [2024] MWHCCiv 9

Luka v Mandala

Luka v Mandala (Civil Appeal 16 of 2022) [2024] MWHCCiv 9 (15 July 2024)

The High Court dismissed an appeal over disputed customary land, holding that the Limitation Act did not apply and that succession was governed by the Deceased Estates Act.

  • Customary-land-inheritance
  • Limitation-period-for-land-claims
  • Application-of-statutory-succession-law-to-customary-land
  • Limitation-period-land-claims
  • Succession-law
  • Customary-law
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Land-law [2021] MWHC 175

Magodo v Chikopa

Magodo v Chikopa (Civil Appeal 36 of 2019) [2021] MWHC 175 (9 November 2021)

The High Court of Malawi allowed an appeal over customary land, reversed the magistrate’s decision, and held the appellant owned the disputed four-metre strip.

  • Customary-land-ownership
  • Sale-of-land
  • Role-of-chiefs-in-land-disputes
  • Contract-of-sale-requirements
  • Appeals-from-subordinate-courts
  • Land-boundary-dispute
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Land-law [2021] MWHC 232

Hussein v Chiwaula

Hussein v Chiwaula (Civil Appeal Cause 15 of 2018) [2021] MWHC 232 (25 October 2021)

The High Court dismissed a land appeal, holding the appellant failed to prove that the respondent’s customary dimba allocation was limited to three years.

  • Customary-land-allocation
  • Rights-of-usage
  • Removal-from-customary-land
  • Customary-land
  • Land-law
  • Civil-appeal
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Administrative-law [2021] MWHC 294

S( On the application of Labson Bwanali) v Minister of Malawi government responsible for local government

S( On the application of Labson Bwanali) v Minister of Malawi government responsible for local government (Judicial Review 44 of 2019) [2021] MWHC 294 (5 July 2021)

The High Court held that the Minister’s tacit appointment of an Acting Traditional Authority was ultra vires, unlawful, and reviewable, and granted certiorari and mandamus.

  • Judicial-review
  • Appointment-of-chiefs
  • Ultra-vires
  • Legitimate-expectation
  • Customary-practices
  • Customary-law
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Civil-procedure [2021] MWHC 181

Catherine Chiphwanya ( on her own behalf & on behalf of the Chiwoza Family) v Anderson Katawa & Others

Catherine Chiphwanya ( on her own behalf & on behalf of the Chiwoza Family) v Anderson Katawa & Others (Civil Cause 730 of 2020) [2021] MWHC 181 (16 February 2021)

The High Court of Malawi refused to discharge an interlocutory injunction in a Chimutu chieftaincy dispute, finding no proven suppression of material facts.

  • Injunctions
  • Chieftaincy-disputes
  • Suppression-of-material-facts
  • Interlocutory-injunctions
  • Civil-procedure
  • Customary-law
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Customary-law [2020] MWHC 3

Chimdima NO & Ors. v Chikuse & Ors.

Chimdima NO & Ors. v Chikuse & Ors. (Civil Cause 967 of 2013) [2020] MWHC 3 (10 March 2020)

The High Court of Malawi refused an oral request to discontinue a chieftaincy succession case, holding that discontinuance must follow Order 12 rule 46 of the CPR.

  • Chieftaincy-succession
  • Discontinuance-of-claim
  • Injunction
  • Civil-procedure
  • Customary-law
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Family-law [2019] MWHC 97

Naomi Chabira v Samuel Chabira

Naomi Chabira v Samuel Chabira (Civil Appeal 8 of 2012) [2019] MWHC 97 (20 May 2019)

The High Court dismissed a divorce appeal, holding that a child support order already existed, no customary-law basis was proved for a house, and property division was not before the lower court.

  • Divorce
  • Child-maintenance
  • Customary-law
  • Matrimonial-property-distribution
  • Family-law
  • Matrimonial-property
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Civil-procedure [2018] MWHC 1307

Chiwalo v Pondani ( Nee Mpira) , Sub traditional authority Maoni, Senior group village headman Mangulama and Traditional authority Nkalo

Chiwalo v Pondani ( Nee Mpira) , Sub traditional authority Maoni, Senior group village headman Mangulama and Traditional authority Nkalo (Civil Cause 120 of 2017) [2018] MWHC 1307 (12 December 2018)

The High Court of Malawi dismissed defendants’ bid to vacate an interlocutory injunction, holding that the proper remedy after inter partes hearing was an appeal.

  • Injunctions
  • Chieftaincy-disputes
  • Appeals
  • Procedural-irregularity
  • Interlocutory-injunctions
  • Civil-procedure
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Succession-law [2018] MWHC 1084

Banuel v Kachikondo & Ors.

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

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
  • Property-law
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Malawi decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.