Chibiya v Cystal Garden Lodge and Restaurant [2015] ZMSC 187 (24 November 2015)

This was an application by the appellant for leave to amend a memorandum of appeal. 

The appellant resided across the respondent’s place of business and commenced an action by way of summons against the respondent. The appellant claimed first, an order prohibiting the respondent from playing loud music and secondly damages for nuisance and noise pollution and lastly interests and costs. 

Before lodging the application to amend the memorandum of appeal, the appellant was contesting the order of the High Court, which dismissed the matter as the appellant failed to appear before the court. However, on appeal, there was no clarity on which ground the appellant was relying on, prompting an application to amend the ground of appeal. 

In dismissing the appeal, the court noted the difference between the appeal, the memorandum of appeal and the notice of appeal by the appellants. After citing the applicable rules, the court held that the ground of appeal was supposed to be drafted more accurately and ought to have related to the ground that the appellant was contesting.

Appeal dismissed.