Debtors Act, 1938
- Commenced on 21 June 1938
- [This is the version of this document at 31 December 1996.]
1. Short titleThis Act may be cited as the Debtors Act.
2. InterpretationIn this Act, unless the context otherwise requires—"prescribed" means—(a)as respects the High Court, prescribed by rules to be made under the High Court Act;[Cap. 27](b)as respects the subordinate courts, prescribed by rules to be made under the Subordinate Courts Act.[Cap. 28]
3. Restrictions on imprisonment for debt-with exceptions
4. Power of committal for judgment debtSubject to the provisions hereinafter mentioned and to prescribed rules, any court may commit to prison for a term not exceeding six weeks, or until payment of the sum due, any person who makes default in payment of any debt or instalment of any debt due from him in pursuance of any order or judgment of that or any other competent court:Provided that—
5. Proof of meansProof of the means of the person making default may be given in such manner as the court thinks just; and for the purposes of such proof the debtor and any witnesses may be summoned and examined on oath, according to the prescribed rules.
6. Jurisdiction of High Court may be exercised in chambersThe jurisdiction of the High Court under section four may be exercised by a Judge sitting in chambers or otherwise in the prescribed manner.
7. Payment by instalmentsFor the purpose of section four, the court may direct any debt due from any person in pursuance of any order or judgment of that or any other competent court to be paid by instalments, and from time to time rescind or vary such order.
8. Imprisonment not to operate as satisfactionNo imprisonment under section four shall operate as a satisfaction or extinguishment of any debt or demand or cause of action, or deprive any person of any right to take out execution against the lands, goods or chattels of the person imprisoned, in the same manner as if such imprisonment had not taken place.
9. Discharge on paymentAny person imprisoned under section four shall be discharged out of custody upon a certificate signed in the prescribed manner to the effect that he has satisfied the debt or instalment of a debt in respect of which he was imprisoned, together with the costs (if any).
10. Power under certain circumstances to arrest defendant about to quit ZambiaWhere the plaintiff in any action before the High Court or any subordinate court proves at any time before final judgment by evidence on oath to the satisfaction of the court that he has good cause of action against the defendant to the amount of twenty kwacha or upwards, and that there is probable cause for believing that the defendant is about to quit Zambia unless he be apprehended, and that—
11. Power under certain circumstances to arrest judgment debtor about to leave Zambia
12. This Act to apply to civil proceedings by the StateThe provisions of this Act shall apply in the case of civil proceedings by the State.[No. 27 of 1965]
History of this document
31 December 1996 this version
21 June 1938