Banda v Banda & Anor. (Civil Cause 813 of 2007) [2007] MWHC 109 (20 November 2007)

IN THE HIGH COURT OF MALAWI LILONGWE DISTRICT REGISTRY CIVIL CASE NO. 813 OF 2007 BETWEEN LIZZIE BANDA …………………..………………………… PLAINTIFF AND MR. CHAKWAWA BANDA …………………………1ST DEFENDANT MRS BANDA …………………………………………. 2ND DEFENDANT CORAM : HON. JUSTICE NYIRENDA : : : : Mr. T. Nyirenda, Counsel for the Plaintiff Unrepresented, Counsel for the Defendant Mrs. S. Mbewe, Court Reporter Mrs. Nakweya, Court Interpreter ORDER This matter is before this Court for distribution of the estate of late Watson Penton Banda who died intestate. It is clear to this Court that the application is misconceived because it is not the duty of Court to distribute deceased estate property. The law vests such duty in the administrators of the estate so appointed. I have converted this matter therefore into a mere application for appointment of administrators. Fortunately, all the parties see the point and have agreed on the following persons to be the administrators of the estate. 1. 2. 3. 4. The District Commissioner, Dowa in his official capacity. Mr. Chikago Pentigo Banda Mr. Mandiza Kulenga Mr. Divason Chikhosi It is extremely urgent and imperative that the estate be administered soonest because some of the property is being used by relatives and may either get damaged or disappear. The District Commissioner, Dowa shall convene the meeting with the other administrators soonest at which meeting he shall chair the discussions and document the administrators’ determination. MADE in Chambers at Lilongwe this 21st day of November, 2007. A. K. C. Nyirenda J U D G E