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CIV3701 COURTS_ACT_pdf_20355

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CIV3701 COURTS_ACT_pdf_20355. [Chap0302]CHAPTER 3:02 COURTS ARRANGEMENT OF SECTIONS SECTION PART I PRELIMINARY 1. Short title 2. Interpretation PART II GENERAL 3. Process of courts 4. Legal practitioners PART III HIGH COURT General 5. Constitution of High Court 5A. Judges to have p...

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  • July 21, 2022
  • 250
  • 2021/2022
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CIV3701 COURTS_ACT_pdf_20355.

,[Chap0302]CHAPTER 3:02

COURTS

ARRANGEMENT OF SECTIONS

SECTION



PART I

PRELIMINARY

1. Short title

2. Interpretation



PART II

GENERAL

3. Process of courts

4. Legal practitioners



PART III

HIGH COURT

General

5. Constitution of High Court

5A. Judges to have powers of subordinate courts

6. Senior Judge of the High Court

7. Registrars

7A. Establishment of District Registries and appointment of District Registrars

7B. Seals of District Registries

, 7C. Powers, functions and duties of District Registrars

7D. Transfer of proceedings

7E. Rules to Regulate practice and procedure in District Registries

7F. Directions by the Chief Justice as to duties and functions of District Registries

8. Powers and duties of Registrar

9. Proceedings of High Court to be disposed of by single Judge

10. Vacations

11. Additional jurisdiction

12. Procedure in perjury



Arrest and Attachment before Judgment

13. Arrest before judgment

14. Attachment before judgment

15. Imprisonment for debt

16. Committal of judgment debtors

17. Saving of provisions relating to examination of judgment debtors



Appellate Jurisdiction of the High Court

18. Appellate criminal jurisdiction

19. Appellate civil jurisdiction



Civil Appeals from Subordinate Courts

20. Civil appeals from subordinate courts to the High Court

21. Reservation of points of law

22. Power of High Court in civil appeals

, 23. Appeal not to operate as stay of execution

24. Subordinate court shall conform to order of High Court



Revision by High Court of Proceedings of Subordinate Courts

25. Revision in criminal proceedings

26. General supervisory powers of High Court

27. No revision where appeal lies

28. No right of party to be heard on revision



Practice and Procedure

29. Practice and procedure of the High Court



Costs and Fees

30. Costs in discretion of the High Court

31. Costs when proceedings could have been commenced in subordinate court

32. Fees



PART IV

SUBORDINATE COURTS

General

33. Establishment of courts of magistrates

34. Constitution of courts of magistrates

35. A court of a magistrate to have jurisdiction throughout Malawi

36. Places and times of sittings of subordinate courts

37. Records to be kept

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