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Malawi Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

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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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Family law [2022] MWHC 151

Chiwanda v Zampondekeza

Chiwanda v Zampondekeza (Civil Review 3 of 2022) [2022] MWHC 151 (27 May 2022)

The High Court set aside a magistrate’s distribution of matrimonial property for irregularity, finding no proper hearing on whether the assets were matrimonial.

  • Matrimonial property distribution
  • Review jurisdiction
  • Procedural irregularity
  • Matrimonial-property-distribution
  • Review-jurisdiction
  • Procedural-irregularity
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Family law [2021] MWHCCiv 20

Chiwanda v Jana

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.

  • Divorce
  • Custody
  • Maintenance
  • Matrimonial property distribution
  • Matrimonial-property
  • Family-law-appeal
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Family law [2020] MWHC 97

EM v UM

EM v UM (Matrimonial Cause 8 of 2019) [2020] MWHC 97 (23 September 2020)

After divorce, the High Court of Malawi распределated only jointly held matrimonial assets, excluded inherited property, set child maintenance at K300,000, and recorded joint custody of the younger child.

  • Matrimonial property distribution
  • Child custody
  • Child maintenance
  • Matrimonial-property
  • Child-custody
  • Child-maintenance
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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
  • Child-maintenance
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Family law [2017] MWHC 843

Samuel v Wailesi

Samuel v Wailesi (Civil Cause 582 of 2017) [2017] MWHC 843 (1 November 2017)

The High Court set aside conflicting subordinate-court orders on matrimonial property and directed a Senior Resident Magistrate to conduct a fresh distribution.

  • Matrimonial property distribution
  • Compensation
  • Judicial irregularities
  • Family-law
  • Matrimonial-property
  • Judicial-review
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Family law [2017] MWHC 828

Edwin Soko v Joyce Soko

Edwin Soko v Joyce Soko (Civil Appeal 61 of 2011) [2017] MWHC 828 (30 October 2017)

Appeal over division of matrimonial property after divorce. The court held the assets were joint property and ordered sale, with proceeds shared by specified proportions.

  • Matrimonial property distribution
  • Divorce
  • Custody
  • Domestic violence
  • Matrimonial-property
  • Property-division
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Family law [2009] MWHC 19

Pasiyano Enosi v Pasiyano Nellie (1 of 2009)

Pasiyano Enosi v Pasiyano Nellie (1 of 2009) [2009] MWHC 19 (22 March 2009)

High Court of Malawi ruling distributing matrimonial property after divorce, including livestock, household goods, land, and a maize mill.

  • Divorce
  • Matrimonial property distribution
  • Matrimonial-property
  • Family-law
  • Property-distribution
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Family law [2008] MWHC 41

Kadziponye v Assani (24 of 2006)

Kadziponye v Assani (24 of 2006) [2008] MWHC 41 (30 January 2008)

The High Court upheld the lower court’s division of matrimonial property, but added K10,000 compensation for the respondent’s burning of the appellant’s clothes.

  • Matrimonial property distribution
  • Customary marriage
  • Compensation for property damage
  • Domestic violence
  • Family-law
  • Matrimonial-property
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