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Malawi decisions
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Order on distribution of matrimonial property after divorce between Alfonso Mbiza and Christina Chapotera, apportioning the Nyambadwe and Mdeka houses and dismissing several other claims.
Kamange v Mireku (Matrimonial Cause 20 of 2022) [2023] MWHCFam 8 (18 August 2023)
The High Court of Malawi found an appearance of perjury in a divorce property dispute and referred the matter for trial before a Resident Magistrate.
Chinkono v Chinkono (Matrimonial Appeal Cause 13 of 2022) [2023] MWHCFam 7 (24 April 2023)
High Court appeal over matrimonial property distribution, awarding the wife one-third of the house value, leaving the car with the husband, and increasing compensation to K1.5 million.
Chinkono vChinkono (Matrimonial Appeal Cause 13 of 2022) [2023] MWHCFam 2 (24 April 2023)
The High Court partly allowed a matrimonial property appeal, ordering a 1/3 house share for the appellant, upholding vehicle ownership, and increasing compensation.
Sadala v Sadala (Civil Appeal 8 of 2022) [2023] MWSC 36 (7 February 2023)
The Supreme Court of Appeal vacated a stay of execution in a matrimonial property appeal after finding the appellant had not timely filed and served skeletal arguments.
Pemba v Kasisi and Another (Civil Cause 290 of 2018) [2022] MWHCCiv 49 (13 September 2022)
The High Court of Malawi referred a disputed estate-distribution matter to trial, finding the conflicting sworn statements could not resolve the facts summarily.
Nyirenda v Sichali (Civil Appeal 5 of 2021) [2022] MWHCCiv 68 (6 May 2022)
The High Court dismissed an application to stay execution pending appeal over matrimonial property, finding no special circumstances or prospects of success.
Mbulanje v Mbulanje (Matrimonial Civil Appeal 13 of 2021) [2022] MWHC 203 (13 April 2022)
The High Court dismissed a matrimonial appeal for being irregular and without merit, upheld the award of the matrimonial home and maintenance, and left variation to the lower court.
Lipenga v Kapito (Civil Review Case 3 of 2021) [2021] MWHC 386 (19 August 2021)
High Court review upheld the divorce and property distribution orders, but set aside a protection order and eviction as unlawful and procedurally improper.
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.
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