Consolidated version of Act 36 of 1933 as amended last by Act 5 of 1995. Confessions are admissible in evidence if they are voluntarily given. At this point, the lawyer from the other side asks the witness a series of questions emanating from the examination in chief. These departments are Corporate, Finance and Commercial Transactions; Dispute Resolution; Tax and Compliance; and Real Estate and Company Secretarial. In the case of Musakanya v Attorney General (SCZ Judgment No 18 of 1981) [1981], the Supreme Court held that because a matter of constitutional importance was raised, the losing party was not condemned in costs but, rather, each party was ordered to bear their own costs. The first involves examination in chief. The limitation period for actions for recovery of land or actions based on specialty is 12 years. Alternative dispute resolution (ADR) mechanisms are highly encouraged by the judicial system and the general public has begun to be more open and receptible to ADR methods than the traditional litigation as they have proven to be faster and thereby cost effective as compared to litigation. A prohibitory injunction has the effect of forbidding the commission or continuance of an act. This website is supported by and contributing to the InforMEA Project which is funded by the European Union, http://faolex.fao.org/docs/pdf/zam177906.pdf. the appeal raises a point of law of public importance; it is desirable and in the public interest that the appeal be determined by the Supreme Court; the appeal would have reasonable prospects of success; or. This is used where a statute provides that proceedings may be commenced by an application but does not provide for the specific procedure to be used. Where leave to appeal is granted, the litigant then proceeds to file the appeal. There are no specific pre-action suits in relation to commencement of an action in the Constitutional Court and the Subordinate Courts. An injunction is generally granted against a party to the proceedings. The overarching requirement for one to have an audience before the Zambian courts is that one must have completed and passed the Legal Practitioners Qualifying Exam (LPQE) at the Zambia Institute of Advanced Legal Education and, thereafter, been admitted to the Zambian Bar to practise law. The procedure for informing a party that they have been sued is by serving the court process on the said party. This is the same for final judgments of the High Court a litigant has the right to appeal to the Court of Appeal however, for rulings of interlocutory applications, leave to appeal must be granted by the High Court, which can be renewed in the Court of Appeal before a party proceeds to appeal to the Court of Appeal. The Foreign Judgments (Reciprocal Enforcement) Act, Chapter 76 of the Laws of Zambia (the Foreign Judgments Act), regulates the enforcement of foreign judgments in Zambia. a dispute that, in terms of any law, cannot be decided by arbitration; matrimonial matters or any matters incidental; the determination of paternal, maternal or any parentage of a person; and. Appeals from Judgment of the High Court Court of Appeal. A notice of appeal, together with the memorandum, shall be lodged and served, within a period of 14 days, on all parties, directly after which the matter shall be allocated and thereafter a date of hearing communicated to the parties. The High Court enjoys original, supervisory and appellate jurisdiction. The process of examining witnesses involves three stages. There is no law on third-party funding of litigation in Zambia. It is hearsay and inadmissible if the object of admitting the evidence is for the court to rely on the truth contained in the statement. The Court of Appeal was established by the Constitution in 2016 and has general appellate jurisdiction to hear and determine both civil and criminal matters from the High Court, as well as appeals from quasi-judicial bodies, as may be prescribed by statute.

The idea is for the court to analyse the facts and all the submissions and evidence presented by either party before it can make its final decision on the merits of the matter. The law makes provision for a defendant to make an application for security for costs. In cases where a judgment is not enforceable under the Foreign Judgments Act, the judgment may be enforced under common law by means of commencing a fresh action before the Zambian High Court with the foreign judgment as the cause of action. At this stage, the lawyer calling the witnesses asks the witness questions that help them bring out their side of the story. Zambian law provides for rules that disallow the disclosure of certain documents. Once a matter has been commenced, the Rules of the High Court provide for the occasion of a scheduling conference, at which the parties agree on a timeline for the conduct of the case at hand. A person desiring to appeal to the Court of Appeal shall give notice of appeal in accordance with the Court of Appeal Rules Act No 7 of 2016 (the Court of Appeal Rules). Lawyers have no audience in this court. (MMLP) is one of the leading and most highly regarded corporate and commercial law firms in Zambia, with over 20 years of market presence. Currently, Zambia only has reciprocal arrangements that extend to the Gilbert and Ellice Islands Colony and the British Solomon Islands Protectorate. The limitation period is triggered at the point when the plaintiff becomes aware of the facts upon which an action can be founded. However, for punitive damages, the court grants this as a way to punish the offending party and it is for this reason that the sums are usually high and the court is not limited to a maximum. Please refer to 1.3 Court Filings and Proceedings. At the hearing of an inter partes application, the party making the application presents its case. The court is, however, mandated to grant post-judgment interest, and this is awarded at the Bank of Zambia Lending Rate in accordance with the Judgments Act, Chapter 81, of the Laws of Zambia. Mulenga Mundashi Legal Practitioners However, the practice has been that the court process will not be accepted by the court registry for filing. Subordinate courts may transfer proceedings at any stage to a Local Court. However, certain motions can be raised on the floor of the court and the party will be allowed to orally make its case. The reasoning for this was stated by the Supreme Court in a case in which it was held that while the means by which the evidence was obtained can be questioned, the existence of the evidence itself is a fact and cannot be overlooked. Parties are free to have ex curia settlement discussions and once they have reached an agreement, they are free to settle by way of a consent order or consent judgment, to be signed by the court. In constitutional matters, parties will usually bear their own costs. phiri hon gregory justice mr In Zambia, the Constitutional Court, the High Court and the Subordinate Courts have original jurisdiction to hear matters; that is, matters can be commenced in theses courts. There are, however, no sanctions for refusing ADR as ADR is taken to be conducted at the will of the parties; therefore, if they do not agree, they cannot be sanctioned for doing so. Act, Chapter 72 of the Laws of Zambia, and the Limitation Act of the United Kingdom of 1939 are the principal pieces of legislation providing for limitation periods with respect to civil suits. Costs are determined on the amount a party actually spent in litigation, including legal fees, court fees and expenses. Furthermore, the court can, on its own motion, call an expert witness to testify. Judges have tenure of office until they retire. In the same vein, there are no prescribed restrictions on such funding. Lawyers have no audience in this court. In this regard, court filings are available to the public upon payment of a search fee. The party disobeying the injunction is liable for contempt and may be fined or sentenced to imprisonment. subordinate Examples of such instances are in the Subordinate Courts when an inquest is being conducted, and experts are called to tender evidence as the court enquires into the cause of death. The jurisdiction of the Constitutional Court, on the other hand, is both original and appellate but is restricted to constitutional matters. In terms of the law, courts are generally mandated to dispose of interlocutory application or motions quite quickly. The failure to comply with an injunction amounts to contempt of court because the party would be disobeying an order of the court.

The second stage involves cross-examination. However, where a Mareva injunction is granted, it may be granted so as to have effect on property outside the jurisdiction of the court. The last stage is re-examination. Other courts include the Industrial Relations Court and small claims courts. These courts mainly deal with customary law-related matters. Parties are at liberty through consent to limit the scope and/or costs of discovery, because parties are allowed to agree to dispense with, or limit, the discovery of documents that they would otherwise be required to make to each other. As proof of delivery of the court documents to the defendant, the plaintiff is required to exhibit an affidavit of service. Costs are, however, awarded at the discretion of the court; though, more often than not, they follow the event. The appellate jurisdiction is exercised in relation to appeals from the Subordinate Courts, as well as appeals emanating from decisions of public bodies or public officials as may be prescribed by law. There is an exception in relation to the Industrial Relations Division of the High Court, where costs will not be awarded unless a party is guilty of impropriety in relation to the conduct of the case. However, an injunction, once granted, is binding not only on the party in the proceedings but also against the agents and servants of such party.

The trial process involves litigants and their legal representatives producing evidence before court to support their respective claims. all arbitral institutions rendering an award under the auspices of the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, of 10 June 1958, including the London Court of International Arbitration, the International Chamber of Commerce, the Arbitration Association (Southern Africa) and the Arbitration Foundation of Southern Africa; and. MMLP has over the years become a firm of choice for the corporate world and a link to the Zambian market for several multinational corporate entities across Africa and the world. A Mareva injunction stops a party from disposing or transferring their assets and operates like an asset-freezing injunction. The role of the judge during trial is mainly directional. There is provision for interim applications to be made by parties prior to the substantive hearing. It is only admissible if and when the object of admitting the evidence is to merely show to the court that the statement was made. Appeals from the High Court to the Court of Appeal are generally as of right, save for specific instances where leave to appeal is required. In view of this, an applicant can be held liable for damages suffered by the respondent if the respondent successfully discharges the injunction and shows that they actually suffered damages as a result of the injunction. In Zambia, the law allows one or more plaintiffs to prosecute an action on behalf of a larger group of claimants. In awarding costs, the courts have guided that the general principle is that costs should follow the event unless the successful party did anything wrong in the action or conduct of the case. A settlement agreement in the form of a consent judgment is enforced in the same manner as any other court judgments are enforced. the production of the documents disclosed for inspection by the opposite party and the actual inspection of the documents disclosed. The jurisdiction of the matter is also dependent on the nature of the cause of action; this court has no jurisdiction to hear divorce matters per se, except when one is appealing from the local court. Where the application is ex parte, the court only hears the party making the application, whereas when the application is inter partes, each party will make submissions; that is, in support of the application and against it by the other party. A mandatory injunction has the effect of directing the doing of a positive act in a bid to correct some omission or restore the prior position by undoing or correcting the wrongful act. A settlement agreement not reduced to a consent judgment is enforced by way of commencing an action against the party who fails to honour the settlement agreement. MMLP is one of Zambias most sophisticated full-service law firms, which operates through four broad departments, under which specific practice areas fall and teams are constituted based on the expertise of the personnel. The constitution provides for independence of the judiciary. any matter affecting a minor or any person of legal incapacity.

The requirement to issue a demand letter prior to commencing an action by way of writ of summons and statement of claim was introduced by the High Court (Amendment) Rules Statutory Instrument No 58 of 2020. As a general rule, the court will usually grant an injunction affecting assets within its jurisdiction. In view of this, the court will consider whether the party claiming costs has proved their case, and whether they did anything wrong in the action or conduct of it. There are various forms of damages that may be awarded, including special, normal, nominal and punitive damages. However, for a claim for special damages, as long as the same have been specifically pleaded and proved, the court will normally grant the damages as prayed. zambia bank vs ltd stanbic hp justice management services fred newspapers able limited others charmaine musonda keith feb hpc mbewe These claims mainly deal with claims for less than ZMW10,000. where there is a prima facie case with high prospects of success on the part of the applicant.
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