PracticeVideosBlogFlashcardsEspañol
All Practice Exams

Free Practice Questions for Malawi Law Examination

Exam-style questions and explanations by OpenExamPrep.

✓ No registration✓ No credit card
100+ Questions
100% Free

Loading practice questions...

Exam Review

Key Facts: Malawi Law Examination Exam

Section 26

LELPA 2018 provision requiring the Malawi Law Examination and giving MILE responsibility for it

Legal Education and Legal Practitioners Act, 2018

4 retakes

Maximum retakes allowed after the first attempt

Legal Education and Legal Practitioners Act, 2018, s.26(9)

30 days

Minimum time before the examination by which MILE must give candidates the syllabus

Legal Education and Legal Practitioners Act, 2018, s.26(3)(b)

1 year

Minimum enrolment with MILE before admission, unless exempt

Legal Education and Legal Practitioners Act, 2018, s.23(1)

2 years

Minimum supervised period before conditions on a new admission can be removed

Legal Education and Legal Practitioners (Amendment) Act, 2024, s.29A

MK435,000

Malawi Law Society annual practising licence fee for the 2026/2027 practice year

Malawi Law Society

The Malawi Law Examination is required, unless a statutory exemption applies, before admission to practise law in Malawi. MILE sets and runs it under section 26 of the Legal Education and Legal Practitioners Act, 2018, allows up to four retakes after the first attempt, and keeps the examination fee non-refundable. Since the 2024 amendment, holders of an accredited law degree assessed as comparable to MILE's courses are exempt. This free, independent bank offers 100 English MCQs on the 2017 Civil Procedure Rules, the Criminal Procedure and Evidence Code, the 2018 Act, land, succession and company law. It is a study aid, not an official paper.

Sample Malawi Law Examination Practice Questions

Try these sample questions to review concepts for the Malawi Law Examination exam. Each question includes a detailed explanation. Start the interactive quiz above for the full 100+ question experience with AI tutoring.

1Under Order 1 rule 5 of the Courts (High Court) (Civil Procedure) Rules, 2017, what is the overriding objective of the Rules?
A.To ensure that every proceeding is decided only after a full oral trial on all issues
B.To give priority to the procedure chosen by the claimant, who started the proceeding
C.To deal with proceedings justly, including equal footing, saving expense and proportionality
D.To secure strict compliance with prescribed forms, so that any irregularity nullifies the step taken
Explanation: Order 1 rule 5(1) states that the overriding objective is to deal with proceedings justly. This includes putting the parties on an equal footing, saving expense, dealing with a proceeding in ways proportionate to the money involved, its importance and its complexity, dealing with it expeditiously and fairly, and allotting it an appropriate share of the Court's resources. The Court applies the objective when it exercises its powers or interprets the Rules, and the parties must help it to do so.
2Under Order 5 of the Courts (High Court) (Civil Procedure) Rules, 2017, how is a proceeding ordinarily commenced in the High Court?
A.By filing a summons in Form 1 that states the relief claimed and contains a statement of case
B.By lodging a letter of demand with the Registrar, who then converts it into a summons
C.By filing a sworn statement alone, with the particulars of the claim to follow after mediation ends
D.By serving a notice of intention to sue on the defendant 30 days before anything is filed
Explanation: Order 5 rule 1 provides that, unless the Rules or another written law provide otherwise, a proceeding is commenced by filing a summons in Form 1. Under rule 2 the summons must state the relief claimed, contain a statement of case, give the claimant's address for service and come with a form of response for the defendant to complete. The Registrar then signs and seals it under rule 4.
3Under Order 5 rule 7 of the Courts (High Court) (Civil Procedure) Rules, 2017, which time limits must a summons notify to the defendant?
A.A response within 7 days and a defence within 14 days of service
B.A response in Form 2 within 14 days and a defence within 28 days of service
C.A defence within 21 days of service, with no separate response form required at any stage
D.A response within 28 days and a defence within 42 days of service
Explanation: Order 5 rule 7(2) requires the summons to tell the defendant to file a response in Form 2 within 14 days of service, unless a defence is filed within that time, and to file a defence within 28 days of service. It must also warn that the claimant may obtain judgment if neither is filed. Order 7 rule 4 confirms that a defendant who files and serves a defence within 14 days need not file a separate response.
4Order 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?
A.An application for summary judgment
B.A defended claim for damages for breach of a supply contract
C.A contested claim for arrears of rent under a written lease
D.A land boundary dispute in which both parties have filed statements of case
Explanation: Order 13 rule 1(1) requires all proceedings to go through mediation first. Rule 1(2) excludes matters where the trial is expedited by law or practice, applications for summary judgment, applications for judgment on admission, and cases where the Court, in its discretion, so orders. Ordinary defended claims, whatever their subject matter, fall within the general rule.
5A 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?
A.Nothing yet, because a timely response bars default judgment until the scheduling conference
B.Apply to strike out the response, because a response without a defence is an abuse of process
C.File a sworn statement proving service and apply for judgment in default of defence
D.Proceed directly to mediation, because filing a response turns the case into a defended one
Explanation: Order 12 rule 6 allows a claimant to seek judgment in default where the defendant files no response or defence within 14 days, or files a response but no defence within 28 days of service. The claimant files a sworn statement as proof of service and applies for default judgment. Under rules 7 and 8 the Court may enter it without a hearing for liquidated and unliquidated claims, with damages assessed later where the claim is unliquidated.
6Under 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?
A.Automatically, provided the application is filed within 3 months of the judgment being entered
B.If the defendant shows reasonable cause for not defending and a meritorious defence
C.Only if the defendant first pays the full judgment sum into Court
D.Only if the claimant consents in writing to the judgment being set aside
Explanation: Order 12 rule 21 lets a defendant apply to set aside a default judgment, normally within 3 months; a later application must explain the delay and succeeds only if setting aside is in the interests of justice. The application states why the defendant did not defend, gives details of the defence and is supported by a sworn statement. The Court may set the judgment aside if the defendant shows reasonable cause for not defending and a meritorious defence on liability or on the amount.
7Under 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?
A.Before any defence is filed, as soon as the claim is served; claims for breach of contract are excluded
B.Only after the trial has started and the claimant's evidence has closed; claims for recovery of land are excluded
C.At any time, but only with the defendant's written consent; claims for arrears of rent are excluded
D.After a defence is filed, where the defendant has no real prospect of defending; libel claims are excluded
Explanation: Order 12 rule 23(1) allows a claimant to apply for summary judgment where the defendant has filed a defence but the claimant believes the defendant has no real prospect of defending the claim. Rule 23(2) excludes claims for libel, slander, false prosecution, false imprisonment and seduction, and Admiralty actions in rem. The application is supported by a sworn statement and, under rule 25, must be served at least 14 days before the hearing.
8A 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?
A.A third party debt order, made first on an interim basis and then as a final order
B.A seizure and sale order executed by the Sheriff against the bank's own assets
C.A charging order registered against the bank's premises
D.An order to do a thing, compelling the debtor personally to withdraw and pay the money
Explanation: Order 28 rule 10 allows the Court, on the enforcement creditor's application, to order a third party who owes money to the enforcement debtor to pay the creditor enough to satisfy the judgment debt and the costs of the application. The Court must first make an interim third party debt order, which fixes a hearing and stops the third party reducing the debt below the specified amount, before any final order. Under rule 12 the Court will not grant a speculative application and will make an interim order against a bank only on evidence supporting the belief that the debtor holds an account there.
9Personal 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?
A.Service on the claimant's own legal practitioner, who then certifies that notice reached the defendant
B.Filing the summons at the Registry, treated as automatic service after 14 days
C.Service on a village or faith community leader living where the defendant is believed to live
D.Posting the summons on the High Court notice board only
Explanation: Order 8 rule 20 allows a party to apply for substituted service where personal service is not practical and an alternative way is unlikely to bring the document to the person's attention. The Court may order service on a village or faith community leader in the area, on a spouse, parent or sibling, by a newspaper notice or local radio announcement, by leaving the document with an adult at the last known address, or in any other way that will ensure the person learns of the document.
10A 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?
A.By lodging a separate criminal complaint, after which the civil case is stayed until the prosecution ends
B.By filing and serving a third party notice, with permission if the defence has been filed
C.By asking the claimant to amend the summons so that the subcontractor is named as a second defendant
D.By waiting for judgment and then applying to have it enforced directly against the subcontractor
Explanation: Order 6 rule 15 provides that a defendant who claims contribution, indemnity or another remedy against a non-party files and serves a third party notice stating the claim and that the person becomes a party from the date of service. Rule 16 requires the Court's permission where the notice is filed after the defence. Under rule 17 the third party has the same rights and obligations as if the defendant had sued that person directly.

About the Malawi Law Examination Exam

The Malawi Law Examination is the statutory admission examination in the local laws, legal practice and procedure of Malawi. Under section 26 of the Legal Education and Legal Practitioners Act, 2018 (Act No. 31 of 2018), it is set, conducted and managed by the Malawi Institute of Legal Education (MILE) on behalf of the Malawi Council of Legal Education, and a petition for admission is not heard until MILE certifies to the Registrar that the applicant has passed. Candidates normally enrol at MILE for at least one year on the Malawi Legal Practitioners Qualifying Course. The Legal Education and Legal Practitioners (Amendment) Act, 2024 exempts holders of an accredited law degree whose courses the Council assesses as comparable to MILE's, so the examination now mainly affects foreign-qualified candidates and graduates without such an exemption. This independent practice bank by OpenExamPrep has 100 English-language multiple-choice questions based on the statutes and court rules candidates apply in practice. It is a study adaptation, not an official paper or a simulation of the written, drafting or advocacy assessments.

Exam sponsor: Malawi Institute of Legal Education (MILE), on behalf of the Malawi Council of Legal Education. The requirements and fees below concern the certification or admission exam, separate from our free practice resources.

Assessment

Written examination papers set, conducted and managed by the Malawi Institute of Legal Education under section 26 of the Legal Education and Legal Practitioners Act, 2018. The 2018 MLPQC handbook lists courses including Civil Litigation, Criminal Litigation, Professional Conduct and Ethics, Legal Practice Management, Drafting and Conveyancing, and Advocacy.

Time Limit

Not published

Passing Score

Not published; MILE certifies passes in writing to the Registrar

Exam / Certification Fees

Prescribed by MILE and non-refundable (LELPA 2018 s.26); amount not published online

Exam sponsor website

Fees, eligibility, and exam policies can change. Confirm them with the exam sponsor before applying or paying.

Our practice resources: topics covered

We aim to reflect publicly available exam outlines and topic information in our study resources. Coverage, format, and difficulty may differ from the actual exam, and we cannot guarantee that every detail is accurate or current. Confirm exam requirements, fees, and policies with the official exam sponsor.

Not published (15 of 100 practice questions)

Civil Litigation

MLPQC course. Practice covers the Courts (High Court) (Civil Procedure) Rules, 2017: the overriding objective, summons and response, default and summary judgment, service, third party notices, injunctions, judicial review, security for costs, enforcement and stays pending appeal.

Not published (15 of 100 practice questions)

Criminal Litigation

MLPQC course. Practice covers section 42 of the Constitution and the Criminal Procedure and Evidence Code (Cap. 8:01): arrest rights, bail, charges and joinder, confessions, no case to answer, discontinuance, committal and alibi notice.

Not published (10 of 100 practice questions)

Professional Conduct and Ethics

MLPQC course. Practice covers the Legal Education and Legal Practitioners Act, 2018 as amended in 2024: duties to the court, conflicts and confidentiality, touting, withdrawal, the Disciplinary Committee, sanctions and admission.

Not published (8 of 100 practice questions)

Legal Practice Management

MLPQC course. Practice covers client accounts and records, licensing conditions, setting up a firm, embezzlement, fee agreements, recovery of fees and the pro bono scheme under the 2018 Act.

Not published (10 of 100 practice questions)

Drafting and Pleadings

Drafting is part of the MLPQC Drafting and Conveyancing course. Practice covers statements of case, defences, replies, damages, amendments and counterclaims under Order 7, and sworn statements under Order 18 of the 2017 Rules.

Not published (10 of 100 practice questions)

Conveyancing and Property Law

Conveyancing is part of the MLPQC Drafting and Conveyancing course. Practice covers the Land Act, 2016 as amended in 2022, the Customary Land Act, 2016 and the Registered Land Act (Cap. 58:01): categories of land, consents, non-citizens, overriding interests, cautions and charges.

Not published (10 of 100 practice questions)

Evidence and Advocacy

Advocacy is an MLPQC course. Practice covers the evidence provisions of the Criminal Procedure and Evidence Code: examination of witnesses, leading questions, hostile witnesses, spouses, character, dying declarations and hearsay.

Not published (8 of 100 practice questions)

Wills and Deceased Estates

Practice area covered in this bank. Questions use the Deceased Estates (Wills, Inheritance and Protection) Act, 2011: formalities, capacity, witnesses, revocation, intestacy, property grabbing, family provision and survivorship.

Not published (8 of 100 practice questions)

Business Law and Practice

Practice covers the Companies Act, 2013 (legal personality, directors, duties, capacity, derivative actions, foreign companies) and just-and-equitable winding up under the Insolvency Act, 2016.

Not published (6 of 100 practice questions)

Mediation and Arbitration

Practice area covered in this bank. Questions use mandatory mediation under Order 13 of the 2017 Rules and the Arbitration Act (Cap. 6:03).

Preparing for the Malawi Law Examination Exam

What You Need to Know

  • Passing score: Not published; MILE certifies passes in writing to the Registrar
  • Assessment: Written examination papers set, conducted and managed by the Malawi Institute of Legal Education under section 26 of the Legal Education and Legal Practitioners Act, 2018. The 2018 MLPQC handbook lists courses including Civil Litigation, Criminal Litigation, Professional Conduct and Ethics, Legal Practice Management, Drafting and Conveyancing, and Advocacy.
  • Time limit: Not published
  • Exam / certification fees: Prescribed by MILE and non-refundable (LELPA 2018 s.26); amount not published online Official sources

Using Our Practice Resources

  • Work through all 100 available questions
  • Review every answer and explanation
  • Track weak areas and revisit them
  • Use our AI tutor for tough concepts

Malawi Law Examination: Suggested Study Strategy

1Read section 26 of the Legal Education and Legal Practitioners Act, 2018 and the 2024 amendment so you know whether you must sit, how retakes work and when you can be admitted.
2Work through the Courts (High Court) (Civil Procedure) Rules, 2017 order by order, especially Orders 5, 7, 8, 10, 12, 13, 18 and 19, and note every time limit.
3Learn where Malawian criminal evidence departs from English rules: section 176 on confessions, section 194 on spouses and section 173 on dying declarations.
4Use Part V of the 2018 Act for practice management: client accounts, the seven-year record rule, fee agreements, the three-month fee action rule and pro bono duties.
5Update your land law notes for the Land (Amendment) Act, 2022, which changed the categories of land and barred grants and sales to non-citizens.
6Practise drafting statements of case and sworn statements alongside these MCQs, because the real examination is written and practical.

Frequently Asked Questions

What is the Malawi Law Examination?

It is the statutory examination in the local laws, legal practice and procedure of Malawi. Under section 26 of the Legal Education and Legal Practitioners Act, 2018, the Malawi Institute of Legal Education (MILE) sets, conducts and manages it on behalf of the Malawi Council of Legal Education, and a petition for admission is not heard until MILE certifies that the applicant has passed.

Who still has to take the Malawi Law Examination after the 2024 amendment?

The Legal Education and Legal Practitioners (Amendment) Act, 2024 exempts holders of a law degree from an accredited institution whose courses the Council has assessed as comparable in scope to MILE's. Other applicants, including many foreign-qualified candidates, must still enrol at MILE and pass the examination unless another statutory route applies. Check your own position with MILE and the Council.

What are the eligibility requirements?

Section 23 of the 2018 Act requires the applicant to be a citizen or permanent resident of Malawi, to have enrolled with MILE for at least one year and passed the examination, and to hold a law degree from an accredited institution, a recognised foreign law qualification, or admission in a common law or Southern African Roman-Dutch jurisdiction. The applicant must also be a fit and proper person.

How many times can I retake it, and what does it cost?

Section 26(9) allows a candidate who fails to retake the examination up to four times after the first attempt. Candidates pay fees prescribed by MILE, which are not refundable whether they pass or fail; MILE does not publish the amount online. A candidate who disputes a result may appeal to the Council for re-marking.

What is the format of the examination?

MILE examines its Malawi Legal Practitioners Qualifying Course in written papers set in English on a syllabus it must give candidates at least 30 days before the examination. It does not publish item counts, timings or pass marks online, so confirm the current arrangements with MILE.

Is this practice bank official?

No. It is independent Malawi Law Examination practice by OpenExamPrep: an English-language MCQ study adaptation based on the statutes and court rules in force when it was reviewed. It is not affiliated with MILE or the Council and does not simulate the written papers, drafting exercises or advocacy. Civil procedure questions follow the 2017 Rules as made; check any later amendment rules, including those gazetted in 2026.