TEMPORARY CONTROL OF PREMISES: SUBSIDIARY LEGISLATION

TEMPORARY CONTROL OF PREMISES: SUBSIDIARY LEGISLATION

ESTABLISHMENT OF RENT TRIBUNALS

under s. 4 (1)

G.N. 8/1956

    Rent tribunals have been established for the following areas—

    (1) The City of Blantyre.

    (2) Dedza District.

    (3) Mangochi District.

    (4) Lilongwe District.

    (5) Mulanje District.

    (6) Ncheu District.

    (7) Zomba District.

TEMPORARY CONTROL OF PREMISES (APPEALS) RULES

under s. 8 (4)

G.N. 138/1956
1/1965

1.    Citation

    These Rules may be cited as the Temporary Control of Premises (Appeals) Rules.

2.    Time and fee for appeal

    (1) Any appeal under section 8 (2), or request to state a case for the opinion of the High Court under section 8 (3) of the Act, shall be in writing signed by the party to the proceedings or his agent and shall be lodged with the Chairman of the tribunal whose order or determination is questioned within thirty days of such order or determination:

    Provided that no notice of appeal, nor request to state a case, shall be received out of time without the leave of the High Court.

    (2) The fee for such appeal or request to state a case shall be one Kwacha, excluding any service fee which may be payable.

3.    Transfer of case upon appeal

    On receiving an appeal under section 8 (2) of the Act the Chairman of the tribunal in question shall enter the appeal together with the date thereof upon the record and shall forthwith transmit the record of the proceedings in the case to the Registrar of the High Court with a certificate under the hand of the Chairman of the tribunal subjoined to the record.

4.    Action on receipt of request to state a case

    On receipt of a request to state a case under section 8 (3) of the Act the Chairman of the tribunal shall state and sign a case setting forth the facts and the grounds of the order or determination in question and shall transmit the same to the Registrar of the High Court.

5.    Service of appeal

    On the receipt of an appeal under section 8 (2) or case stated under section 8 (3) of the Act the Registrar of the High Court shall serve a copy of the said appeal or case stated upon the respondent.

6.    High Court fees

    The practice and procedure, fees to be paid and scales of costs in such appeals or references by way of case stated shall in so far as they are not inconsistent with these Rules be the same as in civil appeals to the High Court.

6.    Supreme Court of Appeal fees

    The practice and procedure, fees to be paid and scales of costs governing appeals to the Supreme Court of Appeal from the High Court under section 8 (5) of the Act shall be the same as those governing civil appeals to the Supreme Court of Appeal from the High Court.

NOTICE

under s. 11

    The 1st May, 1956, has been prescribed as the date before which applications shall be made to a tribunal established under the Temporary Control of Premises Act.

TEMPORARY CONTROL OF PREMISES (FORMS AND FEES) RULES

under s. 17

G.N. 10/1956

1.    Citation

    These Rules may be cited as the Temporary Control of Premises (Forms and Fees) Rules.

2.    Forms

    Except as hereinafter provided the forms to be used in proceedings before a tribunal shall be the forms in use in the High Court from time to time with such modification as may be necessary or proper to adapt the same to the matter concerned.

3.    Applications

    (1) Every application for the determination of a matter under the Act shall be made to the chairman of the tribunal established in the area in which the premises to which the application relates are situated.

    (2) Every application shall be substantially in the form set out in the First Schedule or in such other form as the tribunal may allow; it shall be in triplicate and shall be signed by the applicant or his legal practitioner.

    (3) The chairman shall cause a copy of such application to be served on the opposite party (hereinafter called “the respondent”).

4.    Taxation of costs

    Where a tribunal directs the costs of any proceedings before it to be taxed, the costs shall be taxed by the chairman on the scale applicable to civil proceedings in the High Court.

5.    Fees

    The fees specified in the Second Schedule shall be payable in proceedings before a tribunal in respect of the several matters to which they relate.

6.    Remittance of fees

    A tribunal may in its discretion for such reasons as it may think good and sufficient remit the whole or part of any fee.

r. 3 (2)

FIRST SCHEDULE

TEMPORARY CONTROL OF PREMISES ACT

    To the Rent Tribunal of ………………………. at ……………………

    Application No …………………….. of ……………19…..

    Application

    Full name of applicant …………………………………………………………………..

    Occupation …………………………………………………………………………………..

    Place of residence…