Civil Procedure (Suits by or against the Government or Public Officers) Act
- Commenced on 28 December 1946
- [This is the version of this document at 31 December 2014.]
- [Note: This version of the Act was revised and consolidated in the Fifth Revised Edition of the Laws of Malawi (L.R.O. 1/2018), by the Solicitor General and Secretary for Justice under the authority of the Revision of the Laws Act.]
1. Short titleThis Act may be cited as the Civil Procedure (Suits by or against the Government or Public Officers) Act.
2. Claims against Government cognizable by competent court, whether claim in contract or tortAny claim against the Government which would if such claim had arisen against a subject be the ground of an action in any competent court shall be cognizable by the said court whether such claim shall arise or have arisen out of any contract lawfully entered into on behalf of the Government or out of any wrong committed by any servant of the Government acting in his capacity and within the scope of his authority as such servant:Provided that no claim shall lie against the Government by virtue of this section in respect of any wrong committed by a servant of the Government unless the wrong would, apart from this Act, have given rise to a claim against that servant or his estate:Provided further that nothing herein contained shall be construed as affecting any law which limits the liability of the Government or any department thereof in respect of any act or omission of its servants, or which prescribes specified periods within which a claim shall be made in respect of any such liability or imposes conditions on the institution of any action.
3. Suits by or against Government to be instituted by or against the Attorney General
4. Notice previous to suingNo suit shall be instituted against the Government, or against any public officer until the expiration of three months next after notice in writing has been, in the case of the Government, delivered to or left at the office of the Attorney General, and in the case of a public officer, delivered to him or left at his office, stating the cause of action, the name, description and place of residence of the plaintiff and the relief which he claims.[19 of 1995]
5. Time within which suit may be brought against a public officer
6. Exemption from arrest and personal appearanceIn a suit instituted against a public officer in respect of any such act, neglect or default as aforesaid—
7. Applications where government undertakes defence
8. Execution of decreeWhen the decree is against the Government, or against a public officer in respect of such act, neglect or default as aforesaid, a time shall be specified in the decree within which it shall be satisfied; and if the decree is not satisfied within the time so specified the court shall report the case for the orders of the Government. Execution shall not be issued on any such decree unless it remains unsatisfied for a period of three months computed from the date of the report.
9. CostsIn all suits under this Act costs may be awarded in the same manner as in suits between private parties.
10. No injunction or specific performance against Government
History of this document
28 December 1946