COURTS: SUBSIDIARY LEGISLATION
COURTS (ESTABLISHMENT OF LILONGWE DISTRICT REGISTRY) NOTICE
under s. 7A (1)
G.N. 2/1986
This Notice may be cited as the Courts (Establishment of Lilongwe District Registry) Notice.
There is hereby established at Lilongwe a District Registry to be known as the Lilongwe District Registry.
COURTS (HIGH COURT) (PROCEDURE IN DISTRICT REGISTRIES) RULES
under s. 7E
G.N. 90/1985
16/2015
These Rules may be cited as the Courts (High Court) (Procedure in District Registries) Rules.
2. Writ of other process may issue out of a District Registry
(1) Subject to subrule (2) and to rule 3, in any action the plaintiff, wherever resident, may issue a writ or other originating process out of any District Registry.
(2) A writ or other originating process in an action relating to the registration of foreign judgments shall not be issued out of a District Registry.
G.N. 16/2015
3. Writ claiming relief under a mortgage or charge
A writ of summons or originating process in which there is a claim for payment of principal money or interest secured by a mortgage or charge upon real or leasehold property, or a claim for possession of any such property forming a security for payment to the plaintiff of any principal money or interest, shall not issue out of a District Registry, unless the property is situated within the District of the District Registry.
4. Title of causes commenced in a District Registry
Causes or matters commenced in a District Registry shall be entitled as causes or matters in that District Registry and shall be serially numbered in that District Registry.
5. Proceedings in District Registries to be taken down
(1) Save as otherwise provided in the Act or in these Rules or as the court or a Judge may otherwise order, all proceedings, up to and including the entry of the final judgment or order, in any cause or matter proceeding in a District Registry shall be taken down in that District Registry.
(2) The District Registrar shall cause a proper book to be kept at the District Registry and to be entered therein every judgment or order made in any cause or matter proceeding in that District Registry as a like judgment or order is entered in the Principal Registry.
6. Entry of interlocutory judgment in a District Registry
Where the writ of summons or other originating process is issued out of a District Registry and the plaintiff is entitled to enter interlocutory judgment under Order 13 of the Rules of the Supreme Court, or where a cause or matter is proceeding in the District Registry and the plaintiff is entitled to enter interlocutory judgment under Order 19 of the Rules of the Supreme Court, then in either case such interlocutory judgment and, when damages have been assessed, the final judgment shall be entered in that District Registry unless the court otherwise orders.
Where a cause or matter is proceeding in a District Registry, all writs of execution for enforcing any judgment or order therein and all summonses under Order VII of the Rules of the Supreme Court shall issue from that District Registry and all costs shall be taxed in that District Registry, unless the court otherwise orders.
8. Proceedings necessary or incidental to judgment
Where a cause or matter is proceeding in a District Registry, all proceedings relating to the following matters, that is to say—
(a) leave to issue or renew writs of execution;
(b) examination of judgment debtors for purposes of a garnishee order;
(c) garnishee orders;
(d) charging orders nisi; and
(e) interpleader orders,
shall be taken in the District Registry, unless the court otherwise orders.
Every application to a District Registrar shall be made in the same manner in which applications in chambers to the Registrar are made.
10. Reference of matter to a Judge
The District Registrar may refer to a Judge any matter which he thinks should properly be decided by a Judge, and the Judge may either dispose of the matter or refer it back to the District Registrar with such directions as he thinks fit.
11. Appeal from a District Registrar
An appeal shall lie from any decision, order or direction of a District Registrar in the same way as an appeal lies from any decision, order or direction of the Registrar under rule 3 of the High Court (Exercise of Jurisdiction of Registrar) Rules.
12. District Registrar to be subject to a Judge’s directions
In the performance of the duties of his office, a District Registrar and every other officer of a District Registry shall at all times be subject to the general or special directions of a Judge.
13. Filing in a District Registry
Where a cause or matter is proceeding in a District Registry,…
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