COURT PROCESSES

Welcome to the Malawi Judiciary, find yourself justice through the simple court processes

Here is where you can get all the help if you want to start a court process, please follow the steps as below

Before proceeding quickly learn of what a REGISTRY is and who you will find in the registry,
A registry is where you find clerks who will help you go about your case, these registries differ as follows:
- Criminal : handles criminal cases for the High Court
- Civil : handles civil cases for the High Court
- The Supreme Court of Appeal has one registry

Note: Click on the title in order toread about the court processes

Child Justice Courts

The information on the Child Justice Court's process yet to be added.

Resident Magistrate Courts

Here is the process to guide you through a CIVIL MATTER case in the magistrate courts:

Walk in to any Magistrate Court in Malawi.

Ask for any clerk of the Court.

Introduce yourself.

Tell the clerk the names of the defendant(s).

Explain your claim or complaint to the clerk.

The clerk then will repeat what you have to him or her.

You will be asked to confirm if the clerk heard you correctly.

The clerk will advise you the type of claim based on what you had explained.

You are then required to confirm your claim or complaint.

A default summon is then prepared by the clerk according to your claim or complaint.

Either you or the clerk has to write at the back side of the summons, your claim or complaiint.

Then you you will be asked to sign for your default summons or statement of claim.

You will then be required to pay at the accounts office the appropriate fees for your summons.

you will bring the summons back to the clerk for case registration in the register book.

The clerk then assigns a number to your case, which you will be notified of.

Then the default summons or statement of claim will be sent to the Magistrates office.

The magistrate will check the correctiveness of the complaint with the law.

The Magistrate will sign, fix a date and stump the summons.

The summons or statement of claim is duly issued on the date the Magistrate had fixed.

The summons or statement of claim is ready for service to the defendant, either the court official or you are required to serve it in person to the defendant. The defendant must then sign the summons as evidence that the summons was duly served. The signed copy must be returned to the court as acceptance of service. the defendant is then required to sign an affidavit of defence 8 days after service.The defendant can file the actual defence within 7 days from the date service was accepted.

The defendant can file a counter claim to your summons. You are required to file an affidavit of defence to the counter claim 8 days after service.You can as well, file defence to the counter claim within 7 days after service was accepted.

A default judgement can be entered against the defendant or you if he or she or you failed to serve an affidavit of defence or defence within the prescribed period of time as above.If an affidavit of defence or defence is filed with the court , the matter will be referred to mandatory mediation within 90 days. if mediation fails to settle the matter , a certification of termination of mediation will be issued.The termination certificate of mediation must be filed with the court.

The court will now assign a date through notice of hearing of the matter. You will be required to pay for the notice of date of hearing at the accounts office. You will be required or through the court official to serve personally the notice of hearing to the defendant.

The notice of service must be accepted by signing by the defendant. If the defendant refuses to accept service or refuse to sign, you must leave the notice near him/her.

Industrial Relations Courts

First visit the IRC.

Meet a clerk in the registry, where you will file your complaints.

The clerk will ask your for more details about you and your story before you visited the IRC , like visiting the
labour office.

If the labour office was visited, the clerk will then give a form called FORM 1.
This is where you will write down your complaints.

Once FORM 1 is filled, you will be provided with another form, thsi is FORM 2.

Take FORM 2 to the respondent together with FORM 1.

The respondent is supposed to filled in FORM 2 in response, as defence.

Respondent will then take FORM 2 to the clerk in the IRC registry.

Dates will be set by the clerk before the registrar.

Now it is at a pre-hearing stage.

If pre-hearing fails, the case then goes before the Chairperson, at this stage judgement can be passed.

If the judgement was not satisfactory, the respondent or the complainant can appel to the High Court.

General division

This has two main sub divisions,the Civil and Criminal Divisions

Civil Division

The information on the Civil Division's process yet to be added.

Criminal Division

The information on the Criminal Division's process yet to be added.

Commercial Division

The information on the Commercial Division's process yet to be added.

Family And Probate Division

The information on the Probate Division's process yet to be added.

Revenue Division

The information on the Revenue Division's process yet to be added.

Only referred cases are handled by the Supreme Court, but once you not satisfied with the ruling from the lower court,do the following:

The information on the Supreme Court of Appeal's process yet to be added.

Malawi Judiciary | Court Processes