FULL CASE SAKALA, J.S delivered the Judgment of the Court: This is an appeal by the Executor of the Will of the late Mwalla Mwalla against a judgment of the High Court varying the deceased’s Will. The order appealed against is couched in the following terms: 1. That the estate should be divided into two. … Continue reading ISAAC TANTAMENI C. CHALI v LISELI MWALA (Single woman) (1997) S.J. 22 (S.C.)
Full case: LORD DENNING Master of the Rolls: Brief History This is all about a young lady, Maria Teresa Bernard. In August 1973 it was her 21st birthday. On that very day, she became engaged to be married. It was to Dion Emmanuel Josephs. He was thirty. Unknown to her he was already a married … Continue reading Bernard v Josephs (1982) 3 ALL ER 162 CA
Facts The petitioner prayed that his marriage to his wife be dissolved on the ground of desertion. Although Ramsay J was satisfied that the wife had been in desertion in the timeframe satisfied by statute, it was established that the petitioner was domiciled in England. Now before Independence, the High Court of Northern Rhodesia had … Continue reading Tully v Tully (1965) Z.R. 165 (H.C.)
Facts The facts of the case were that the petitioner had gone through a marriage of convenience with the respondent. This was so because she wanted a citizenship in Zimbabwe because she couldn’t get the said citizenship (i.e. it was difficult for her) through the normal way. The marriage between the petitioner and the respondent … Continue reading Wendy Partridge v Joseph Partridge (1985) Z.R. 223 (H.C.) HIGH COURT
Facts The petitioner got married to the respondent when she was sixteen. Their marriage was arranged and evidence was adduced to the effect that she did not know the respondent before the marriage. On numerous occasions, the respondent took to drink and accused the petitioner of infidelity (including one occasion were respondent accused the petitioner … Continue reading SOMANJE v SOMANJE (1972) Z.R. 301 (H.C.)
Facts The plaintiff’s wife was injured due to a collision with the defendant at a junction. The plaintiff sued the defendant for damages occasioned by loss of consortium and also money spent by the plaintiff on his wife. He brought this action basing his argument on the negligence of the defendant. Now section 3 (a) … Continue reading HOWARD AND COMPANY (AFRICA) LTD v BEHRENS (1972) Z.R. 171 (H.C.)
Facts The petitioner and respondent were of Scottish origin and married in Scotland. The petitioner prayed for a dissolution of the marriage brought under section 2 (1) (b) of the Divorce Reform Act, 1969. The requirements of this section read together with section 2 (3) were firstly, irretrievable breakdown of the marriage and secondly, the … Continue reading ANNE SUSAN DEWAR v PETER ALEXANDER DEWAR (1971) Z.R. 38 (H.C.)
Facts The petitioner in this case sought a decree nisi in dissolution of the marriage based on the grounds that the respondent was quarrelsome, petty and infatuated by jealousy. He also claimed that the respondent hated guests and was rude to his brother (a man by the name of Sanford). He also told the court … Continue reading MULUNDIKA v MULUNDIKA (1991) S.J. (H.C.)
Facts The parties got married in the UK and adopted three children. The petitioner lived with the respondent for a considerable length of time and noticed that the respondent was ‘cold’ towards her. He showed no affection for her and this was quite exemplified by his silence when the petitioner had gone through a miscarriage. … Continue reading B.v B. (1977) Z.R. 159 (H.C.)
Facts The parties in this case were married in England. Two years later they came to Zambia and had two children, one of the children being as a result of the petitioner’s former marriage. The petitioner admitted an extra-marital relationship with a man (Mr. B) that lasted about six months or so. The respondent attacked … Continue reading C v C AND H (1977) Z.R. 12 (H.C.)
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