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Malawi decisions
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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.
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.
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.
Maruoco v Maruoco Ribeiro (Matrimonial Cause 27 of 2014) [2017] MWHC 832 (1 February 2017)
The High Court amended a matrimonial property judgment to clarify sharing arrangements, directing a possible buyout first and sale if no agreement was reached.
Erick Bvumbwe v Ken Bvumbwe & Anor. (Civil Appeal 159 of 2014) [2015] MWHC 504 (28 August 2015)
The High Court set aside a magistrate’s order distributing a deceased estate, holding the lower court lacked jurisdiction because the estate was not small.
Kishindo v Kishindo (Civil Cause 397 of 2013) [2014] MWHC 2 (7 October 2014)
All matrimonial property, including the Old Naisi and Domasi houses and household items, is jointly held by the spouses and must be distributed equally based on fairness, regardless of whose name the property is registered in or who contributed to its acquisition. There is no automatic entitlement to the Old Naisi house for the applicant under customary law, and maintenance is not awarded due to lack of evidence of need.
Source excerpt
Gamali v Malunga (26 of 2005) [2007] MWHC 126 (27 December 2007)
The High Court dismissed a civil appeal but directed the lower court to enforce orders for compensation, child maintenance, and property distribution.
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