70. Saving of offices (1) Upon the coming into operation of the Courts (Amendment) Act, 1967 (referred to in this section as the amending Act), any person empowered to hold a Resident Magistrate ’s Court or a first, second or third class court under the provisions of this Act repealed by the amending Act shall be deemed to have been appointed to be a Resident Magistrate or magistrate of the first, second or third grade respectively, as the case may be, under the provisions substituted by the amending Act for such repealed provisions. (2) (a) Nothing in the amending Act shall affect the validity of proceedings instituted before the coming into operation of this Act in any subordinate court , but the same shall be carried on in the corresponding subordinate court established by the provisions substituted by this Act and enforced in like manner, as nearly as may be, as if the corresponding court were the court in which such proceedings were commenced and any such proceedings may be amended by order of a magistrate or under rules of court in such manner as may appear necessary or proper in consequence of this Act. (b) An appeal shall lie to the High Court from any judgment of a subordinate court given prior to the coming into operation of this Act as it would have lain if this Act had not come into operation, if such appeal is commenced and prosecuted in accordance with the law and rules of court relating to appeals from subordinate courts in force immediately prior to the coming into operation of this Act. [47 of 1967] Schedule (Section 32) Fees to be levied in the High Court Service Fee payable K t 1. For service of summons, petition, answer, motion paper, notice, warrant, decree, order or other document on a party, witness, juror, assessor, or other person under any branch whatever of the Civil Jurisdiction cost actually and reasonably incurred Decision of questions without formal suit 2. On summons for issue or special case 2,000 00 3. On issue or special case 2,000 00 4. On hearing 5,000 00 Summary procedure for administration of property of deceased persons 5. On summons 1,000 00 6. On order 1,000 00 Summary orders 7. On application for order— (a) inter parte application 3,000 00 (b) ex parte application 5,000 00 (c) ex parte application for stay 10,000 00 (d) ex parte application for injunction 25,000 00 8. On recognizance 2,000 00 9. On order 2,000 00 Probate and administration 10. On application for probate or administration 3,000 00 11. On oath for every executor, administrator and surety, or on renunciation by an executor 1,500 00 12. On every security 1,500 00 13. On filing account 1,500 00 14. On passing account 1,500 00 Ordinary suits 15. In every suit of any kind whatever, other than such as are before specified (a) on summons, petition, originating summons or motion 5,000 00 * If commercial matter 1.5% of the value of the subject matter in dispute with a maximum of K150,000 00 If commercial unquantifiable matter 150,000 00 (b) on hearing 5,000 00 *Note: "Commercial matter" has the same meaning as that provided under O.1, r. 5 of the High Court (Commercial Division) Rules. 16. On every summons, motion, application, notice or demand taken out, made or filed (not particularly charged) 1,000 00 17. On filing any document for the filing whereof no specific fee is prescribed 1,000 00 18. On every rule 2,000 00 19. On every decree or order (not particularly charged) 1,000 00 20. On motion for new trial 4,000 00 21. On order for adjournment of hearing rendered necessary by default of either party (to be paid by that party) 5,000 00 22. On every warrant of execution against goods 5,000 00 23. Sheriff's fees on execution of writs of fiery facias — (a) for seizure by the Sheriff, for each building or place at which seizure is made whether execution is subsequently withdrawn, satisfied or stopped, for every Kwacha or fraction of a Kwacha of the value of the goods seized, as valued by the Sheriff or Under Sheriff or the Assistant Sheriff or the amount due under the warrant whichever is the less 0 15 (b) for man, or when necessary, men in possession the sum actually and reasonably paid (c) for removal of goods or animals to a place of safekeeping when necessary and for warehousing or taking charge of the same when removed the sum actually and reasonably paid (d) for preparing an inventory of goods seized, for every page or part thereof 200 00 (e) for a copy of the same 100 00 (f) for advertising and giving publicity to the sale, printing catalogues and bills and distributing same the sum actually and reasonably paid NOTE: The fee shall be payable by the person issuing the execution or the person at whose instance the sale is stopped, as the case may be. For sale —10 per cent of the amount realized by the sale of the goods. Appeal to the High Court 24. On lodging notice of appeal 1,000 00 25. On motion for leave to appeal 2,000 00 26. On every security 1,000 00 27. On order for leave to appeal 1,000 00 28. On the hearing of an appeal where judicial relief or assistance is sought, but not the recovery of money 2,000 00 29. On the hearing of an appeal in matters other than those specified in item 28 ½ per cent of the amount involved not exceeding a total fee of K10,000 but in no case less than K1,000 30. On every application, motion, order or rule not particularly charged 1,000 00 Appeal from the High Court to the Supreme Court of Appeal 31. On motion for leave to appeal 10,000 00 32. On every security 5,000 00 33. On order for leave to appeal 5,000 00 34. On filing memorandum of appeal 5,000 00 35. On application or order to amend memorandum of appeal 5,000 00 36. On every application, motion, order or rule not particularly charged 5,000 00 Miscellaneous 37. On taxation of any bill of costs, for every ten folios from each party to the taxation 1,000 00 38. On every deposition taken before trial 500 00 39. On balances of estates of deceased persons paid into Court otherwise than in a suit 2½ per cent of amount 40. On registration or registration and deposit of any deed (except power of attorney) 2,000 00 41. On registration or registration and deposit of a power of attorney 3,000 00 42. On registration or registration and deposit of any other document 4,000 00 43. For taking inventory, per hour 500 00 44. For taking an affidavit 2,000 00 45. For every exhibit 500 00 46. For drawing any document not particularly charged per foolscap sheet 500 00 47. For certifying signature or seal 500 00 48. For attesting a signature, or administering an oath, or receiving a declaration or affirmation for the purpose of obtaining relief from Income Tax 2,000 00 49. (a) for certified copy of document 500 00 (b) for Court record per page or part thereof limited to one copy of the record 100 00 50. For an official certified translation of any document, every page or part thereof 1,000 00 51. For certifying a copy of any document or part of a document 1,000 00 52. For attaching documents under official seal 1,000 00 53. For affixing the seal of the Court to any document not in a proceeding 1,000 00 54. On reference to the archives the sum actually and reasonably paid 55. For attendance at a sale— (a) at request of parties interested or of local authorities if absent less than two hours 4,000 00 (b) at request of parties interested, for each additional hour or part thereof (with a maximum per day of K10,000) 2,000 00 56. For communication between two Courts 1,000 00 57. For communication in writing to a foreign consulate or to local or foreign authority the sum actually and reasonably paid 58. For receiving report of survey, filing original and making certified copy of request, order and report of survey 2,000 00 59. For attendance of the Registrar or other officer of the Court at any other Court, office or Tribunal the sum actually and reasonably paid 60. For filing request for survey and issuing order for survey 1,000 00 61. For attendance of an interpreter at any Court, if required by a party in a suit, or ordered by the Court, for each hour or part of an hour 2,000 00 62. On any search, including inspection, of any case record or register by a person other than a party to a case 1,000 00 63. No fees shall be payable by the Government in respect of suits instituted by or against the Government 64. No fees shall be payable by the Department of Legal Aid in respect of a suit instituted by or against a person who has been granted legal aid under the Legal Aid Act: Provided that no fees paid in respect of a suit instituted by or against a person who has been granted legal aid under the Legal Aid Act shall be refunded. [G.N. 152/1977; 63/1997; 31/1998; 41/2004; 35/2011]
