Trinidade v Chenyentha (Civil Appeal Cause 13 of 2021) [2022] MWHCCiv 58 (11 March 2022)

IN THE HIGH COURT OF MALAWI MZUZU DISTRICT REGISTRY CIVIL DIVISION CIVIL APPEAL CAUSE NO. 13 OF 2021 (Being Matrimonial Cause No, 734 of 2021 before the Senior Resident Magistrate Court Sitting af Mzuzu}) BETWEEN: DINA, TRIN DADE.........-0nncda sce ER ER NERS ERRKeT REE reNs APPLICANT -AND- ENWOGD CHENTEN THA cera scpegimree nes nrnemcnmnenamtcmnnmcenanenemunennnnames RESPONDENT CORAM: Honourable Justice T. R. Ligowe Miss Malola, Counsel for the Applicant Defendant, Present/Unrepresenied Mr. K. Thaazi, Court Clerk Mrs. J. N. Chirwa, Court Reporter Ligowe J, For the sake of peace and order between tne Applicant and the Respondent | hereby order as follows. le The Respondent should from now onwards be visiling his children living with the claimant on weekends during schoo! terms. 2, When on holiday, the cniidren should be allowed to live with him at his house and their mother can visit them on weekends while they are aft their father’s house. 3. When the children are with their mother, the Respondent should always notify their mother if he is coming to see them on weekends and he should always be allowed unless ihere is a very good reason. 4, When he visits he should not cause the children to do anything in the house or in the home without the knowledge of their mother. a: Similarly, when the children are with their father on holidays, their mother should always notify him of her coming to see them on weekends and she should always be allowed unless there is a very good reason. 6. When she visits she snould not cause the children to do anything in the home without the knowledge of their father. i. While the Respondent's father is still in the house behind the main house in the compound, the Respondent can visit him as and when he needs fo. It may however not be proper to stop the children from seeing him if this is not on a weekend, but he should see them at his father’s house and at all times the order that he should not cause them to do anything at their mother's house without her knowledge will apply. These will be the rules to apply between the parties until ihe appeal herein is heard and determined. Pronounced in Chambers this 111° day of March 2022.