Zambia Consolidated Copper Mines Limited v Reddy Daka & Another (S.C.Z. Judgment 3 of 1998) [1998] ZMSC 3 (2 March 1998)

SUPREME COURT

NGULUBE, C. J., MUZYAMBA AND LEWANIKA, JJ.S.

2ND DECEMBER, 1997 AND 3RD MARCH, 1998.

(S.C.Z. JUDGMENT NO. 3 OF 1998)

Civil Procedure - Review - Whether Registrar has powers to review his own decision

The respondents sued the appellant for wrongful dismissal and were awarded damages by the High Court whereupon the assessment of damages was conducted by the Deputy Registrar. After the damages were assessed, the respondents took out a summons for review of the judgment which later resulted in a review of the assessment being done by a different Deputy Registrar. The appellants appealed.

Held:

(i) No Registrar has powers under Order 39 of the High Court rules to review his own decision

(ii) There was no justification for the review of the assessment

Cases referred to:

(1) Robert Lawrence Roy v Chitakata Ranching Co. Ltd (1980) Z.R. 198

(2) Jacobus Wynand Koekemoer v Martha Marion Gower (1981) Z.R. 138

For the appellant: P. Chamutangi, Legal Counsel.

For the respondent: Mrs I. Kunda, George Kunda & Company.