Following a prolonged legal battle, a Lilongwe woman, Ruth Kaunda, has secured ownership of a matrimonial house awarded to her in a divorce settlement.
Kaunda was assisted by the Legal Aid Bureau to get back the house, as Kaunda and her husband divorced in September 2021.
According to the Legal Aid Bureau, as part of the Court-led distribution of matrimonial property, Kaunda was awarded a house in Area 36, Lilongwe, whereas her ex-husband was awarded a plot and a house in Mzuzu.
“Dissatisfied with the ruling, her ex-husband challenged the decision, arguing that the properties in question did not qualify as matrimonial property. However, the High Court Judge Justice Fiona Mwale dismissed the appeal , upholding the Magistrate Courts judgment and recapping Kaunda’s entitlement to the property.
“Despite the ruling, the ex-husband refused to vacate the house, denying Kaunda access to her property. She then applied for legal aid, and her case was assigned to Senior Legal Aid Advocate Chanju Kondowe, with assistance from Legal Aid Officer Sarah Simbani,” indicated the Bureau.
Meanwhile, the Legal Aid Bureau filed for an enforcement order for possession of land, which the Court granted, authorizing Kaunda to take possession of the house.
Source: Legal Aid Bureau Malawi
