Malawi
Statute Law (Miscellaneous Provisions Act)
Chapter 5:01
- Assented to on 6 November 1967
- Commenced on 14 November 1967
- [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 title
This Act may be cited as the Statute Law (Miscellaneous Provisions) Act.Part I – Fatal accidents
2. Interpretation
3. Action maintainable against person causing death through wrongful act
Whenever the death of a person is caused by a wrongful act, neglect or default, and the act, neglect or default is such as would (if death had not ensued) have entitled the person injured to maintain an action and recover damages in respect thereof, then and in every such case the person who would have been liable, if death had not ensued, shall be liable to an action for damages notwithstanding the death of the person injured and although the death shall have been caused under such circumstances as amount in law to felony.4. Action to be for benefit of family of deceased
5. Payment into court
Notwithstanding section 4, it shall be sufficient, when the defendant pays money into court, that he pays it as a compensation in one sum to all persons entitled under the said section to damages for his wrongful act, neglect or default, without specifying the shares into which it is to be divided by the court; and if the said sum is not accepted, and an issue is taken by the plaintiff as to its sufficiency, and the court shall think the same sufficient, the defendant shall be entitled to judgment on that issue.6. Funeral expenses may be awarded by way of damages in certain cases
In an action brought by virtue of this Part, the court may award, in addition to any damages awarded under section 4 (1), damages in respect of the funeral expenses of the deceased person, if such expenses have been incurred by the parties for whom and for whose benefit the action is brought.7. Action by persons beneficially interested
Where, in any case intended and provided for by this Part, there shall be no executor or administrator of the person deceased, or if no action is brought by such executor or administrator within six months after the death of such deceased person, an action may be brought by and in the name or names of all or any of the persons for whose benefit such action would have been brought, if it had been brought by and in the name of such executor or administrator, and every action so brought shall be for the benefit of the same person or persons as if it were brought by and in the name of such executor or administrator.8. Plaintiff to deliver full particulars of the persons for whom damages claimed
In every action brought by virtue of this Part, the plaintiff on the record shall be required, together with the statement of claim, to deliver to the defendant, or his legal representative, full particulars of the person or persons for whom, and on whose behalf, such action is brought, and of the nature of the claim in respect of which damages are sought to be recovered.9. In the event of death, action maintainable against estate
Part II – Survival of causes of action
10. Effect of death on certain causes of action
Part III – Joint tortfeasors
11. Proceedings against, and contribution between, joint and several tortfeasors
Part IV – Contributory negligence
12. Apportionment of liability in case of contributory negligence
13. Provisions as to workmen and employers
14. Application of this Part
This Part shall not apply to any claim to which section 1 of the Maritime Conventions Act, 1911, of the United Kingdom applies, and that Act shall have effect as if this Part had not been enacted.[1 and 2 Geo. 5, c. 57]Part V – Abolition of the doctrine of common employment
15. Common employment
Part VI – Mandamus, prohibition, certiorari and habeas corpus
16. Abolition of prerogative writs and substitution of orders or directions
17. Rules of court
Part VII – Execution of instruments by corporations
18. Execution of instruments by or on behalf of corporations
Part VIII – Frustrated contracts
19. Adjustment of rights and liabilities of parties to frustrated contracts
20. Provision as to application of this Part
Part IX – Apportionment
21. Rents and other periodical payments to accrue from day to day and be apportionable
All rents, annuities, salaries, pensions, dividends, interest and other periodical payments in the nature of income (whether received or made payable under an instrument in writing or otherwise) shall be deemed to accrue from day to day and shall be apportionable in respect of time accordingly:Provided that—Part X – Application to the Government
22. Act to bind the Government
This Act shall bind the Government.History of this document
31 December 2014 this version
Consolidation
14 November 1967
Commenced
06 November 1967
Assented to