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Malawi Case Law

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Family-law [2021] MWHC 363

Mussa v Mussa

Mussa v Mussa (Civil Appeal 9 of 2018) [2021] MWHC 363 (24 March 2021)

The High Court allowed an appeal in a matrimonial property dispute, set aside the lower court’s order, and directed a retrial on the house distribution issue.

  • Dissolution-of-marriage
  • Distribution-of-matrimonial-property
  • Customary-marriage
  • Appeal-procedure
  • Family-law
  • Matrimonial-property
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Family-law [2018] MWHC 812

Kajawa v Kajawa

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.

  • Recusal-of-magistrate
  • Impartiality
  • Dissolution-of-marriage
  • Maintenance
  • Court-procedure
  • Recusal
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Family-law [2017] MWHC 845

Loga-Lemberger v Lemberger

Loga-Lemberger v Lemberger (Matrimonial Cause 4 of 2014) [2017] MWHC 845 (1 May 2017)

Uncontested divorce petition granted on cruelty grounds after the court found the respondent’s conduct caused mental and emotional distress to the petitioner.

  • Divorce
  • Cruelty
  • Dissolution-of-marriage
  • Family-law
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Family-law [2008] MWHC 123

Chamboti v Chamboti

Chamboti v Chamboti (Civil Appeal 25 of 2008) [2008] MWHC 123 (18 June 2008)

Appeal in a matrimonial property dispute partly succeeded. The High Court adjusted compensation, limited further claims to specific items, and preserved contact between the respondent and children.

  • Dissolution-of-marriage
  • Distribution-of-matrimonial-property
  • Child-custody
  • Compensation
  • Family-law
  • Matrimonial-property
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Family-law [2008] MWHC 126

Luka v Magwero

Luka v Magwero (Civil Appeal 23 of 2007) [2008] MWHC 126 (18 June 2008)

The High Court of Malawi varied a matrimonial property order to protect children’s welfare, directing a disputed house be registered in the children’s names.

  • Dissolution-of-marriage
  • Distribution-of-matrimonial-property
  • Custody-of-children
  • Family-law
  • Matrimonial-property
  • Child-custody
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Family-law [2000] MWHC 2

Mpando v Mpando (14 of 1999)

Mpando v Mpando (14 of 1999) [2000] MWHC 2 (15 February 2000)

The High Court of Malawi granted a decree nisi dissolving the marriage on proof of adultery, including cohabitation with other women and a relationship with the co-respondent.

  • Divorce
  • Adultery
  • Dissolution-of-marriage
  • Custody
  • Family-law
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Family-law [1988] MWHC 1

Chilinkholi v Chilinkholi

Chilinkholi v Chilinkholi (Civil Cause 504 of 1979) [1988] MWHC 1 (21 March 1988)

The High Court of Malawi granted a decree nisi dissolving the petitioner's marriage on the ground of adultery proved by circumstantial evidence.

  • Divorce
  • Adultery
  • Dissolution-of-marriage
  • Family-law
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Family-law [1987] MWHCCiv 1

Nasangwe v Nasangwe & Another

Nasangwe v Nasangwe & Another (Civil Cause 165 of 1985) [1987] MWHCCiv 1 (13 July 1987)

The High Court of Malawi granted a decree nisi dissolving the marriage for adultery, awarding custody of four children to the petitioner and access to the respondent.

  • Dissolution-of-marriage
  • Adultery
  • Custody-of-children
  • Family-law
  • Divorce
  • Child-custody
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Family-law [1986] MWHC 28

Nkhwazi v Nkhwazi and Another

Nkhwazi v Nkhwazi and Another (Civil Cause 401 of 1986) [1986] MWHC 28 (12 December 1986)

The High Court of Malawi dissolved a marriage for adultery, awarded K1,000 damages against the co-respondent, granted custody to the petitioner, and ordered costs.

  • Dissolution-of-marriage
  • Adultery
  • Custody
  • Damages
  • Costs
  • Family-law
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Family-law [1980] MWHC 8

Phiri v Phiri (261 of 1979)

Phiri v Phiri (261 of 1979) [1980] MWHC 8 (11 April 1980)

The High Court of Malawi held that the purported marriage was void because the respondent was already married to another woman when it took place.

  • Marriage-validity
  • Bigamy
  • Adultery
  • Dissolution-of-marriage
  • Family-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.