Law

Civil Procedure in Malawi

By Marshal Chilenga
Kluwer Law International November 2023

Specifications

ISBN-13
9789403538273
Publisher
Kluwer Law International
Publication
November 2023
Format
Paperback
Jurisdiction
Netherlands ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this convenient volume provides comprehensive analysis of the legislation and rules that determine civil procedure and practice in Malawi. Lawyers who handle transnational matters will appreciate the book’s clear explanation of distinct terminology and application of rules.

The structure follows the classical chapters of a handbook on civil procedure: beginning with the judicial organization of the courts, jurisdiction issues, a discussion of the various actions and claims, and then moving to a review of the proceedings as such. These general chapters are followed by a discussion of the incidents during proceedings, the legal aid and legal costs, and the regulation of evidence. There are chapters on seizure for security and enforcement of judgments, and a final section on alternative dispute resolution. Facts are presented in such a way that readers who are unfamiliar with specific terms and concepts in varying contexts will fully grasp their meaning and significance.

Succinct, scholarly, and practical, this book will prove a valuable time-saving tool for business and legal professionals alike. Lawyers representing parties with interests in Malawi will welcome this very useful guide, and academics and researchers will appreciate its comparative value as a contribution to the study of civil procedure in the international context.

Table of Contents

List of Abbreviations
Preface
General Introduction

Part I. Judicial Organisation
Chapter 1. The Courts and Their Members
Chapter 2. The Bar
Chapter 3. The Sheriffs

Part II. Jurisdiction
Chapter 1. International Jurisdiction
Chapter 2. Parties, Joinder and Misjoinder of Actions and Parties

Part III. Actions and Claims
Chapter 1. Action
Chapter 2. Sanctions and Procedural Irregularities

Part IV. Election Matters

Part V. Declaratory Orders
Chapter 1. Third-Party Actions

Part VI. Proceedings
Chapter 1. Pre-trial Proceedings
Chapter 2. Proceedings in the First Instance
Chapter 3. Summary Judgment
Chapter 4. Judgement on Admissions

Part VII. Incidents
Chapter 1. Interlocutory Matters
Chapter 2. Injunctions

Part VIII. Legal Aid and Legal Costs
Chapter 1. Legal Aid
Chapter 2. Legal Costs
Chapter 3. Ending Proceedings Early
Chapter 4. Discovery of Documents
Chapter 5. Stay of Proceedings

Part IX. Evidence
Chapter 1. The Burden of Proof
Chapter 2. Admissibility of Evidence
Chapter 3. Administration of Evidence

Part X. Conservatory Attachment and Enforcement of Judgments

Part XI. Out of Court Dispute Resolution
Chapter 1. Arbitration

Selected Bibliography
Index
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