Malawi Law Examination (Malawi Institute of Legal Education)

Under Order 1 rule 5 of the Courts (High Court) (Civil Procedure) Rules, 2017, what is the overriding objective of the Rules?

• ATo ensure that every proceeding is decided only after a full oral trial on all issues
• BTo give priority to the procedure chosen by the claimant, who started the proceeding
• CTo deal with proceedings justly, including equal footing, saving expense and proportional…
• DTo secure strict compliance with prescribed forms, so that any irregularity nullifies the…

Under Order 5 of the Courts (High Court) (Civil Procedure) Rules, 2017, how is a proceeding ordinarily commenced in the High Court?

• ABy filing a summons in Form 1 that states the relief claimed and contains a statement of…
• BBy lodging a letter of demand with the Registrar, who then converts it into a summons
• CBy filing a sworn statement alone, with the particulars of the claim to follow after medi…
• DBy serving a notice of intention to sue on the defendant 30 days before anything is filed

Under Order 5 rule 7 of the Courts (High Court) (Civil Procedure) Rules, 2017, which time limits must a summons notify to the defendant?

• AA response within 7 days and a defence within 14 days of service
• BA response in Form 2 within 14 days and a defence within 28 days of service
• CA defence within 21 days of service, with no separate response form required at any stage
• DA response within 28 days and a defence within 42 days of service

Order 13 of the Courts (High Court) (Civil Procedure) Rules, 2017 makes mediation mandatory. Which of the following does NOT have to go through mandatory mediation first?

• AAn application for summary judgment
• BA defended claim for damages for breach of a supply contract
• CA contested claim for arrears of rent under a written lease
• DA land boundary dispute in which both parties have filed statements of case

A defendant served with a summons files a Form 2 response within 14 days but has filed no defence 30 days after service. Under Order 12 of the Courts (High Court) (Civil Procedure) Rules, 2017, what may the claimant do?

• ANothing yet, because a timely response bars default judgment until the scheduling confere…
• BApply to strike out the response, because a response without a defence is an abuse of pro…
• CFile a sworn statement proving service and apply for judgment in default of defence
• DProceed directly to mediation, because filing a response turns the case into a defended o…

Under Order 12 rule 21 of the Courts (High Court) (Civil Procedure) Rules, 2017, on what basis may the Court set aside a judgment entered in default?

• AAutomatically, provided the application is filed within 3 months of the judgment being en…
• BIf the defendant shows reasonable cause for not defending and a meritorious defence
• COnly if the defendant first pays the full judgment sum into Court
• DOnly if the claimant consents in writing to the judgment being set aside

Under Order 12 rule 23 of the Courts (High Court) (Civil Procedure) Rules, 2017, when may a claimant apply for summary judgment, and which claim is excluded?

• ABefore any defence is filed, as soon as the claim is served; claims for breach of contrac…
• BOnly after the trial has started and the claimant's evidence has closed; claims for recov…
• CAt any time, but only with the defendant's written consent; claims for arrears of rent ar…
• DAfter a defence is filed, where the defendant has no real prospect of defending; libel cl…

A judgment creditor knows that the judgment debtor holds a savings account with a commercial bank. Which enforcement order under Order 28 of the Courts (High Court) (Civil Procedure) Rules, 2017 directs the bank to pay the creditor from that account?

• AA third party debt order, made first on an interim basis and then as a final order
• BA seizure and sale order executed by the Sheriff against the bank's own assets
• CA charging order registered against the bank's premises
• DAn order to do a thing, compelling the debtor personally to withdraw and pay the money

Personal service of a summons on a defendant who lives in a rural district has proved impractical. Under Order 8 rule 20 of the Courts (High Court) (Civil Procedure) Rules, 2017, which method may the Court order as substituted service?

• AService on the claimant's own legal practitioner, who then certifies that notice reached…
• BFiling the summons at the Registry, treated as automatic service after 14 days
• CService on a village or faith community leader living where the defendant is believed to…
• DPosting the summons on the High Court notice board only

A defendant sued for damages believes a subcontractor must indemnify it. Under Order 6 of the Courts (High Court) (Civil Procedure) Rules, 2017, how is the subcontractor brought into the proceeding?

• ABy lodging a separate criminal complaint, after which the civil case is stayed until the…
• BBy filing and serving a third party notice, with permission if the defence has been filed
• CBy asking the claimant to amend the summons so that the subcontractor is named as a secon…
• DBy waiting for judgment and then applying to have it enforced directly against the subcon…

Under Order 10 rule 27 of the Courts (High Court) (Civil Procedure) Rules, 2017, what must appear to the Court before it grants an interlocutory injunction?

• AThat the applicant has proved the whole claim on a balance of probabilities
• BThat the respondent has consented or has failed to file any opposing sworn statement
• CThat the applicant has paid security equal to the value of the claim into Court
• DA serious question to be tried, that damages may not be adequate, and that it is just to…

A person applies for an interlocutory order before any proceeding has started. Under Order 10 rule 8 of the Courts (High Court) (Civil Procedure) Rules, 2017, what must the Court be satisfied of?

• AA serious question, likely success if the evidence stays as it is, and a favourable balan…
• BProof beyond reasonable doubt that the respondent intends to cause loss before any trial…
• CThat the respondent was served at least 14 clear days before the hearing, with no excepti…
• DThat the applicant has already filed a summons and a full statement of case in the same r…

A trader wants to challenge a council's decision by judicial review under Order 19 of the Courts (High Court) (Civil Procedure) Rules, 2017. Which statement about the application is correct?

• AIt is filed inter partes as of right, and no time limit applies to decisions of public bo…
• BIt needs the Attorney General's written consent and must be filed within 30 days
• CIt is commenced ex parte with permission and filed promptly, within 3 months of the decis…
• DIt may be brought by any member of the public, without showing any interest in the matter

A defendant seeks security for costs against a claimant under Order 32 of the Courts (High Court) (Civil Procedure) Rules, 2017. Which statement is correct?

• ASecurity can be ordered only against an insolvent company, never against an individual cl…
• BSecurity may be ordered if the claimant may be unable to pay costs, weighing whether it w…
• CSecurity must be ordered automatically whenever the claimant lives outside Blantyre or Li…
• DOnce security is ordered, the proceeding carries on as normal while the claimant takes ti…

After losing a money judgment in the High Court, a party appeals to the Malawi Supreme Court of Appeal and seeks a stay of execution. How is such an application approached?

• AFiling the notice of appeal automatically stays execution of the judgment until the appea…
• BA stay is always refused for money judgments, because money paid can always be refunded l…
• CA stay is granted as of right once the appellant files the record of appeal and skeleton…
• DNo automatic stay; the applicant must show special circumstances, such as a risk the appe…

Under section 42(2)(a) of the Constitution of the Republic of Malawi, what must a person arrested for an alleged offence be told promptly, in a language the person understands?

• AThat the person has the right to remain silent and the consequences of making any stateme…
• BThat the person must answer all police questions or be presumed guilty at the trial
• CThat the person may choose which magistrate will hear the case
• DThat bail will be granted automatically once a statement is signed

A suspect is arrested on a Friday afternoon. Under section 42(2)(b) of the Constitution of Malawi, by when must the suspect be brought before a court?

• AWithin 7 days, unless a senior police officer certifies in writing that investigations ar…
• BWithin 24 hours in all cases, including weekends and public holidays
• CWithin 48 hours or, if that expires outside court hours or on a non-court day, on the fir…
• DWithin 14 days, provided the suspect has been allowed to see a lawyer

Under the Criminal Procedure and Evidence Code (Cap. 8:01), who bears the burden of proving that an accused person is guilty?

• AThe accused, once the complainant has testified
• BBoth parties equally, on a balance of probabilities
• CThe court, which must investigate the facts on its own motion and decide guilt
• DThe prosecution, unless a written law expressly provides otherwise

Under section 118 of the Criminal Procedure and Evidence Code, when may a police officer release on bail a person arrested without a warrant?

• AOnly after a magistrate has first endorsed the charge sheet and fixed the amount of the b…
• BWhen the person is prepared to give bail, unless accused of an offence punishable with de…
• COnly if the complainant signs a written consent to the suspect's release on bail
• DNever, because the power to grant bail belongs only to the courts, not to the police

An accused is in custody awaiting trial in a subordinate court and has not asked that court for bail. Under section 118(5) of the Criminal Procedure and Evidence Code, can the accused apply directly to the High Court for bail?

• ANo; the High Court will not entertain it unless the subordinate court has first refused r…
• BYes; the High Court has exclusive jurisdiction over bail for every accused person held in…
• CYes, but only if the application is made through the Director of Public Prosecutions
• DNo; bail can never be sought once a person has been remanded in custody by a court

Which constitutional principle guides a Malawian court deciding whether to release an accused person pending trial?

• ADetention is mandatory for every felony charge until the trial court delivers its verdict
• BRelease is automatic as soon as the accused offers a surety who owns land or property in…
• CThe accused is released, with or without bail, unless the interests of justice require ot…
• DRelease depends on the complainant's written agreement to the accused being freed

At the start of a trial, the accused pleads that a court has already acquitted him of the same offence. Under section 131 of the Criminal Procedure and Evidence Code, what happens if the court holds the plea true in fact?

• AThe trial proceeds, but the earlier acquittal may be raised in mitigation
• BThe accused is discharged
• CThe prosecution must obtain the High Court's leave to continue
• DThe accused must plead to the charge, and the plea is noted for appeal

Under section 127 of the Criminal Procedure and Evidence Code, when may several offences be charged together in one charge?

• AOnly when all the offences are misdemeanours that carry the same maximum penalty under th…
• BWhenever the same police officer investigated all of the offences and recorded the statem…
• COnly with the accused's written consent to the joinder
• DWhen they are founded on the same facts or form part of a series of the same or similar c…

Under section 128 of the Criminal Procedure and Evidence Code, how must a count in a charge begin when the offence is created by a written law?

• AWith a short statement of the offence in ordinary language that refers to the section cre…
• BWith a full narrative of the evidence each prosecution witness will give
• CWith a list of the accused's previous convictions, to support an enhanced sentence
• DWith the legal arguments the prosecution will rely on at trial

At trial, the defence objects that a confession made to the police was not made freely and voluntarily. Under section 176 of the Criminal Procedure and Evidence Code, how must the court deal with the confession?

• AExclude it, because any challenge to voluntariness makes a confession inadmissible
• BAdmit it and treat it as conclusive, because the objection goes only to the officer's cre…
• CAdmit it, but give it weight only if satisfied beyond reasonable doubt that it was made a…
• DAdmit it only if an officer of the rank of Superintendent or above recorded it

In a joint trial, A's confession to the police implicates B, who has not adopted it. Under section 176(2) of the Criminal Procedure and Evidence Code, what is the confession's status as evidence against B?

• AIt is admissible against B once it is admitted against A
• BIt is not admissible as evidence against B
• CIt is admissible against B if A refuses to testify
• DIt shifts to B the burden of proving that B was not involved

At the close of the prosecution case in a subordinate court, the magistrate considers whether the accused should be put on defence. Under section 254 of the Criminal Procedure and Evidence Code, what must the court do if no case is made out sufficiently to require a defence?

• ADeliver a judgment acquitting the accused
• BAdjourn so the prosecution can call more witnesses
• CPut the accused on defence anyway, since the accused may clarify the facts
• DDischarge the accused, leaving the prosecution free to recharge within six months

The Director of Public Prosecutions enters a discontinuance under section 77 of the Criminal Procedure and Evidence Code after the accused has been called on to make a defence. What is the effect?

• AThe accused is discharged, and fresh proceedings may be brought within six months
• BThe trial is adjourned until the DPP decides whether to continue
• CThe accused is discharged, and fresh proceedings may be brought at any time
• DThe accused is acquitted

An accused charged with an offence that a subordinate court cannot try appears before a magistrate, and no certificate of the Director of Public Prosecutions is produced. Under sections 263 and 264 of the Criminal Procedure and Evidence Code, how does the magistrate proceed?

• ATakes a plea to the charge and tries the case summarily
• BDismisses the charge for lack of jurisdiction and releases the accused
• CHolds a preliminary inquiry, reading the charge without requiring the accused to reply
• DRefers the case to the High Court only after the accused elects trial there

Under section 193A of the Criminal Procedure and Evidence Code, what must the defence do about an alibi, and what happens if it does not?

• AGive written notice within 48 hours of arrest; any late notice bars the alibi defence com…
• BGive notice before trial with the place and witnesses; failure does not remove the right…
• CNothing, because an alibi is purely a matter to be explored in cross-examination at trial
• DGive notice only after the prosecution closes its case, so as to protect the right to sil…

Counsel realises that a client's sworn statement contains a false date on which the court is about to rely in granting an order. Under the Legal Education and Legal Practitioners Act, 2018, which principle governs counsel's position?

• AAs an officer of the court, counsel must not mislead the court or allow it to be misled
• BCounsel must follow the client's instructions, because loyalty to the client comes first
• CCounsel may stay silent, since it is for the opposing party to find the error
• DCounsel may correct the date only if the client agrees to pay for the extra work

Lawyer Chifundo drafted a distribution agreement for Company Alpha. Two years later Company Beta asks Chifundo to sue Alpha to have that same agreement declared void. Under the Legal Education and Legal Practitioners Act, 2018, what should Chifundo do?

• AAccept, because the retainer with Alpha has ended and no duty to Alpha survives it
• BAccept, provided Beta agrees in writing to indemnify Chifundo against any complaint
• CAccept, but assign a junior lawyer in the same firm to handle the file for Beta
• DDecline, because acting poses a conflict and risks misuse of Alpha's confidential informa…

A new firm offers hospital orderlies a commission for every accident victim they refer to it. Under section 89 of the Legal Education and Legal Practitioners Act, 2018, how is this conduct treated?

• APermitted, if the commission is disclosed on the client's bill
• BA disciplinary ground, as paying for procured work and as touting
• CPermitted, if the firm's principal has practised for at least five years
• DA matter for the hospital's internal discipline only

Two days before trial, counsel stops acting for a client who has not paid fees, without telling the client or the court. Under section 89(2) of the Legal Education and Legal Practitioners Act, 2018, what is the professional position?

• AProper, because non-payment of fees automatically ends the retainer at once
• BProper, provided counsel informs the court of the withdrawal on the trial date
• CA disciplinary ground, as counsel withdrew without due notice to the client and the court
• DA disciplinary ground only if the client goes on to lose the case at trial

Under section 90 of the Legal Education and Legal Practitioners Act, 2018, who chairs the Disciplinary Committee of the Malawi Law Society?

• AThe Solicitor General
• BThe Chief Justice
• CThe chairperson of the Malawi Law Society
• DThe Attorney General

The Disciplinary Committee finds a practitioner guilty of misconduct. Under section 96 of the Legal Education and Legal Practitioners Act, 2018, which statement is correct?

• AThe Committee may itself strike the practitioner off the Roll, with immediate effect
• BThe Committee's only power is to refer the matter to the Director of Public Prosecutions
• CThe practitioner may appeal to the Supreme Court of Appeal within 90 days, and the appeal…
• DIt may suspend, fine or admonish, or recommend striking off; review is by judicial review…

A complaint lodged with the Disciplinary Committee four months ago remains undecided, and the Committee has not extended its time. Under section 95 of the Legal Education and Legal Practitioners Act, 2018, what may the complainant do?

• ANothing, because the Act sets no time limit at all for disposing of disciplinary complain…
• BRefer the matter to the Chief Justice, as the time limit for disposing of it has passed
• CApply to the Minister of Justice to take over and decide the complaint
• DTreat the practitioner as automatically suspended until the Committee decides

Which statement about suspension and striking off under the Legal Education and Legal Practitioners Act, 2018 is correct?

• ASuspension may last up to five years, and a struck-off practitioner may reapply for admis…
• BSuspension has no maximum, and striking off is permanent with no route back
• CSuspension cannot exceed two years, and a struck-off practitioner may seek re-admission a…
• DSuspension cannot exceed six months, and re-admission requires a presidential pardon

A sole practitioner is suspended from practice. Under section 44 of the Legal Education and Legal Practitioners Act, 2018, what must the practitioner do about client documents and money, and by when?

• AWithin 21 days, arrange for clients or their new lawyers to get their documents and money
• BWithin 90 days, deliver all client files to the Disciplinary Committee for safekeeping
• CKeep the files until the suspension ends, since the client retainers are merely paused me…
• DWithin 7 days, destroy all closed files to protect client confidentiality

Under the Legal Education and Legal Practitioners Act, 2018 as amended in 2024, which statement about admission to practise in Malawi is correct?

• AEvery applicant, including every graduate of an accredited Malawian law school, must pass…
• BA foreign-qualified applicant is admitted without examination if the applicant holds an L…
• CA newly admitted practitioner may immediately open a firm without any supervision
• DAn accredited-degree holder whose courses were assessed as comparable is exempt, and admi…

Under section 36 of the Legal Education and Legal Practitioners Act, 2018, what must a practitioner do before holding or receiving money on a client's behalf?

• ADeposit it into the firm's office account and record it as a fee received on account
• BOpen a bank client account in the practitioner's or firm's name that includes the word cl…
• CObtain the Malawi Law Society's written consent before accepting each receipt
• DKeep the cash in the office safe until the client's matter is concluded

Under section 37 of the Legal Education and Legal Practitioners Act, 2018, for how long must a practitioner preserve the accounts, books and records of client money?

• AAt least one year from the date of the last entry in the books
• BUntil the client's matter is closed
• CAt least seven years from the date of the last entry
• DAt least twenty years, or until the client dies

Under section 30(5) of the Legal Education and Legal Practitioners Act, 2018, which of the following must a practitioner in private practice have before an annual licence to practise is issued?

• AA valid annual professional indemnity insurance cover
• BProof of appearing in at least ten High Court trials in the previous year
• CA partnership that includes at least one Senior Counsel
• DA fresh pass in the Malawi Law Examination every five years

A practitioner admitted three years ago wants to open a sole practice. Under section 35 of the Legal Education and Legal Practitioners Act, 2018, may the practitioner do so?

• AYes, any admitted practitioner may open a firm as soon as the first annual licence is iss…
• BYes, if a Senior Counsel agrees to act as a consultant to the firm
• CYes, but only outside the four cities
• DNo; a practitioner must have practised for at least five years before setting up a firm

A practitioner cannot produce or account for money received on a client's behalf. Under section 38 of the Legal Education and Legal Practitioners Act, 2018, what follows?

• AThe shortfall is treated only as a civil debt and cannot lead to prosecution
• BThe practitioner is presumed to have embezzled the money unless the court is satisfied ot…
• CThe Fidelity Fund repays the client, and the practitioner faces no further consequence
• DThe practitioner has an automatic 12-month period to repay the money before any presumpti…

A client signed a written fee agreement for contentious work and now considers the agreed fee exorbitant. Under section 40 of the Legal Education and Legal Practitioners Act, 2018, what may the client do?

• ANothing, because a signed written fee agreement can never be reviewed by anyone
• BRefuse to pay the fee and report the practitioner to the police for obtaining money by fr…
• CWithin six months, apply to the Registrar to set it aside or vary it as harsh or exorbita…
• DApply to the Minister of Justice at any time to have the agreement cancelled

A practitioner delivered a bill of costs to a client three weeks ago and now wants to sue for the unpaid fees. Under section 41 of the Legal Education and Legal Practitioners Act, 2018, what is the position?

• AWait three months from delivery of the bill, unless leave is given because the client may…
• BSue immediately, since the bill is already overdue and the fees are a liquidated debt
• CSue only after the Malawi Law Society has approved the bill of costs as reasonable
• DFees can never be recovered by court action at all; the practitioner may only retain the…

Under section 42 of the Legal Education and Legal Practitioners Act, 2018, how does the mandatory pro bono scheme work for practitioners in private practice?

• APractitioners choose their own pro bono cases each year, and nobody monitors whether they…
• BThe Legal Aid Bureau assigns cases directly to each practitioner, and any refusal automat…
• CPro bono work is purely voluntary for private practitioners and has no link to annual lic…
• DThe Society allocates work with the Legal Aid Bureau; if unable for good reason, the prac…