SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS

CHAPTER 4:04
SERVICE OF PROCESS AND EXECUTION OF JUDGMENTS

ARRANGEMENT OF SECTIONS

    SECTION

PRELIMINARY

    1.    Short title

    2.    Interpretation

PART I
SERVICE OF SUMMONS IN CIVIL PROCEEDINGS AND PROCEEDINGS CONSEQUENT THEREON

    3.    Service of certain summons and process in Malawi

    4.    Endorsement of summons

    5.    Failure to endorse summons

    6.    Entry of appearance

PART II
SERVICE OF SUMMONS IN CIVIL PROCEEDINGS AND EXECUTION WARRANTS

    7.    Service of summons in criminal proceedings in Malawi

    8.    Execution of warrant of imprisonment for non-payment of fine

PART III
SERVICE OF A SUBPOENA

    9.    Service of a subpoena in Malawi

PART IV
ENFORCEMENT OF A JUDGMENT IN MALAWI

    10.    Interpretation

    11.    Enforcement of a judgment in Malawi

    12.    Costs

    13.    Affidavit of liability to be filed

    14.    Stay of proceedings

    15.    Notification of proceedings upon a certificate

PART V
GENERAL

    16.    Proof of service

    17.    Regulations

4 of 1956 (F)
7 of 1963 (F)
G.N. 114/1964 (N)
263/1969

263/1969

    An Act to provide for the service in Malawi of civil and criminal process of any court of record of Zambia or Southern Rhodesia, the execution in Malawi of civil judgments of any such court, and for matters incidental to the foregoing and connected therewith

PRELIMINARY

1.    Short title

    This Act may be cited as the Service of Process and Execution of Judgments Act.

2.    Interpretation

    In this Act, unless inconsistent with the context—

    “court” means any court established by or under any law of Malawi, Zambia or Southern Rhodesia which is required by law to keep a record of its proceedings but shall not include a Traditional Court established in Malawi under the Traditional Courts Act, a court established in Zambia under either the Native Courts Ordinance (Chapter 158) or the Barotse Native Courts Ordinance (Cap. 160) or a court established in Southern Rhodesia under the Native Law and Courts Act (Chapter 73);

    “defendant” includes any party against whom relief is sought in a suit or who is required to attend the proceedings in any suit as a party thereto;

    “party” includes the government of Southern Rhodesia, Zambia or Malawi, as the case may be, or any person suing or being sued on behalf thereof;

    “plaintiff” includes any party seeking relief in a suit against any other party;

    “proper officer” means the registrar of a court, or any other similar officer;

    “suit” means any suit or action or other original proceedings in any court between parties commenced by a summons or in any such other manner as may be provided by or under any law in force in Southern Rhodesia, Zambia or Malawi, but does not include any criminal proceedings;

    “summons” means—

    (a)    in relation to a suit any summons, writ of summons, concurrent writ of summons, originating summons or other process by which a suit is commenced or the object of which is to require the appearance in any court of the government of Southern Rhodesia, Zambia or Malawi or of any person against whom relief is sought in a suit, or who is interested in resisting such relief;

    (b)    in relation to any criminal proceedings, a summons or other similar process which directs any person to appear before any court to answer a charge or complaint of having committed an offence.

PART I
SERVICE OF SUMMONS IN CIVIL PROCEEDINGS AND PROCEEDINGS CONSEQUENT THEREON

3.    Service of certain summons and process in Malawi

    Wherever in a suit in a court in Southern Rhodesia or Zambia any summons or other process (other than a subpoena) is required to be served in Malawi, such service may be effected in such manner and by such person as may be prescribed.

4.    Endorsement of summons

    (1) Every summons for service under this Part shall, in addition to any other endorsement or notice required by any law in force in the country in which the summons was issued and the endorsement or annexure required by subsection (2), have—

    (a)    the following endorsement thereon—

    “This summons (or other process as the case may be) is to be served out of and in Malawi under the Service of Process and Execution of Judgments Act”; and

    (b)    such other endorsement as may be prescribed.

    (2) Every summons for service under this Part shall contain and have endorsed thereon or annexed thereto a short statement of the nature of the claim made or relief sought by the plaintiff in the suit and, if the plaintiff sues in a representative capacity, shall state the capacity in which he sues.

5.    Failure to endorse summons

    If a summons or a copy thereof does not bear all the endorsements or annexures required by or under this Part, it shall…