Civil law in Malawi

The Constitution is the highest legal authority. Statutes and common-law principles regulate areas such as contracts, sales of goods, partnerships, land, family relations, estates and liability. Customary law may apply in matters within the authority of Traditional or Local Courts, but its content can vary by community and must be proved as a question of fact. Customary mediation and informal arrangements may help resolve a dispute, but their legal force differs from a court judgment, registered title or enforceable arbitral award. Civil-law subjects include natural persons and companies, contractual obligations, property, family relationships, inheritance, negligence, nuisance, personal injury, damage to property, civil defamation, court proceedings and enforcement. Women have civil-law capacity to contract and own property independently of marital status. A child is generally under 18, and parental responsibility includes care and maintenance; birth registration also creates a formal record of the child’s identity. The child’s welfare and equal treatment guide family decisions. All land is vested in the Republic. Land may be public, private or customary, with private interests taking the form of freehold, leasehold or customary estate; new freehold grants are not available. Customary land commonly involves a Traditional Land Management Area, a customary land committee, a customary land use agreement or a customary and district land tribunal. Registered interests such as titles, leases, charges, easements and transmissions should be checked through the land registration system. Leases longer than three years require registration, and a registrable instrument generally has a three-month filing period. Non-citizens generally receive leases of up to 50 years, subject to the applicable law and exceptions. Marriage may be civil, customary, religious, based on repute or based on permanent cohabitation. The recognised forms have the same legal status, while marriage based on repute or permanent cohabitation requires a court finding and at least five years. Notice for a formal marriage is generally 21 days, unless the Registrar of Marriages issues the required permit. Divorce requires proof that the marriage has irretrievably broken down. Custody, maintenance and marital-property decisions focus on statutory requirements and the welfare of the child. A deceased estate may be administered through a will, probate or Letters of Administration, with the executor, administrator or Administrator General handling the estate. Intestacy rules protect the interests of spouses, children, parents and dependants, and customary succession is generally displaced by the Deceased Estates (Wills, Inheritance and Protection) Act. A civil claim may involve breach of contract, failure to pay a debt, negligence, nuisance, personal injury, property damage or another recognised wrong. A claimant normally needs evidence of the relevant duty or agreement, breach, causation and loss, subject to available defences. Remedies can include damages, an injunction, a declaration, specific relief or another order authorised by law. The general limitation period for contract and tort claims is six years, while personal-injury claims generally have a three-year period. Claims to an estate generally have a 12-year limitation period. The High Court has unlimited original civil jurisdiction, and the Supreme Court of Appeal hears final appeals. Magistrate Courts hear claims within their subject-matter and monetary limits; the published limits include K2,000,000 for a Resident Magistrate, K1,500,000 for a first-grade magistrate, K1,000,000 for a second-grade magistrate, K750,000 for a third-grade magistrate and K500,000 for a fourth-grade magistrate. These limits may change, so the Registry should confirm the current tariff and jurisdiction before filing. High Court civil procedure follows the Civil Procedure Rules 2017 and the amendment that commenced on 12 January 2026. A typical case involves filing a claim or summons, service, a response, sworn evidence, case management and, where suitable, mediation. A written arbitration agreement can require a court to stay the court proceedings, and an arbitral award can become binding and enforceable through the courts. A judgment or order is enforced through the Registrar and court processes. Available measures can include seizure and sale of movable property, instalment orders, injunctions, receivership, preservation orders, pre-judgment arrest or attachment and enforcement of subordinate-court judgments. Enforcement creates additional costs and may fail to produce payment if assets cannot be located or are protected by law. Court fees follow the current tariff, and the Legal Aid Bureau may assist a person who has reasonable grounds and insufficient means, subject to eligibility and exclusions; a fee waiver may also be possible. Civil-law disputes involving consumer protection primarily belong to consumer protection law, employment disputes to labour law and offences or criminal penalties to criminal law. Those subjects may still appear as a legal boundary or consequence, but they do not become civil-law claims merely because a private person is involved.