Chiwanda v Jana (Civil Appeal Cause 20 of 2020) [2021] MWHCCiv 20 (26 July 2021)

REPUBLIC OF MALAWI MALAWI JUDICIARY IN THE HIGH COURT OF MALAWI PRINCIPAL REGISTRY CIVIL DIVISION CIVIL APPEAL CAUSE NO. 20 OF 2020 (Before the Honourable Mr. Justice D. Madise) ZINENANI CHIWANDA JOHN JANA BETWEEN AND APPELLANT RESPONDENT CORAM: Honorable Justice D. Madise Mr. Zinenani Chiwanda the Petitioner in person Mr. Jonn Jana the Respondent in person Mr. Mathanda Official Interpreter Madise J, JUDGMENT ON APPEAL 1, Zinenani Chiwanda approached this with court with an appeal against the decision of SGM Court sifting aft Mbulumbuzi in Civil Cause No. 68 of 2020. In that case the Respondent had sued the Appellant for a petition for divorce on grounds of desertion. Affer a full trail the court below found that the marriage had irretrievably broken down due to the Appellant's fault. The marriage was divorced. Appellant to take custody of the children but the Respondent was ordered to be paying maintenance. further ordered the The court 2. The Appellant being unhappy with that decision now appeals is trite law that to this court against the whole judgment. appeals in the High Court are by way of rehearing of all the evidence, the law applied and the reasons for the decision. The appellate court also reviews all ihat which took place in the court below. It The facts 3. The Respondent told the trial court that the Appellant had misused K3, 000.00 meant for a person who was painting their house because she was sleeping with the painter and the K3, 000.00 was her payment for service rendered. The Appellant's relatives were informed. As the disagreement continued fights broke out and the Appellant was between the two, heard crying. belongings and she left the matrimonial home. There after the Appellant stated parking her 4 . Affer some days ihe Respondent went to Yoneco to complaint but nothing materialized and he then sought the aid of the court for desertion. On the other hand the Appellant told the the Respondent was cruel and was not court below that In 2015 the leaving food at home and he used to beat her up. family bought a piece of land where they built a house. She further stated that the Respondent built her house at her home and she went to stay there when the situation at home goi Worse. The court found that 5 . The court below in its determination found that the Appellani the was rude to the Respondent. marriage was dissolved and the Applicant was found liable for the breakdown of the marriage. The Respondent was ordered to compensate the Appellant with K20, 000.00 as a token of The court below ordered that custody of the two divorce. children be given to the Appellant and that the Respondent should pay maintenance. | have searched the record and | see nowhere, where the 6 . court distributed the matrimonial properties. Respondent stated in her petition of appeal that the properties where not fairly shared |, order the trial court to give me, the record of proceedings where property was distributed. In the absence of such a record this court cannot review the order on Since the distribution of matrimonial property. The file is sent back to the trial court to furnish this court with the record of proceeding as directed as above within 21 days. Pronounced at Blantyren the Republic ond 6 July, 2021. Dingiswayo Judge 4