Zomba District Registry - 2015 April

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April 2015
Chapeta v Chapeta and 2 Others (Miscellaneous Civil Application 3 of 2015) [2015] MWHC 520 (9 April 2015) Court referred constitutional challenge to rule banning probate proceedings in district registries to Chief Justice for certification. Constitutional law — Rule 2(2) Courts (High Court) (Procedure in District Registries) Rules — probate jurisdiction — district registries barred from issuing originating probate process; issues raised: access to justice (s.41(2)), effective remedy (s.41(3)), right to development (s.30), equality (s.20), High Court jurisdiction (s.108(1)), and consistency with Deceased Estates Act read with s.10(2) Constitution — referral to Chief Justice for certification under Courts Act.	9 April 2015

April 2015

Court referred constitutional challenge to rule banning probate proceedings in district registries to Chief Justice for certification.

Constitutional law — Rule 2(2) Courts (High Court) (Procedure in District Registries) Rules — probate jurisdiction — district registries barred from issuing originating probate process; issues raised: access to justice (s.41(2)), effective remedy (s.41(3)), right to development (s.30), equality (s.20), High Court jurisdiction (s.108(1)), and consistency with Deceased Estates Act read with s.10(2) Constitution — referral to Chief Justice for certification under Courts Act.

9 April 2015

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