Constitutional Court of Zambia - 2026 February

3 judgments
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3 judgments
Citation
Judgment date
February 2026
Constitutional Court lacks jurisdiction to review High Court interlocutory orders affecting the Bill of Rights; applicants should appeal.
Constitutional jurisdiction — Article 128(1) limited by Article 28 — Bill of Rights matters (Articles 11–26) to be determined by High Court and Supreme Court — High Court interlocutory/procedural orders — limits on use of Constitutional Court originating summons for abstract interpretation — abuse of process — remedy by appeal.
24 February 2026
Discontinuance of constitutional petitions must follow Order X rule 3; consent summons under Practice Direction 11 is impermissible.
Constitutional Court practice — discontinuance/withdrawal — Order X rule 3 mandatory — consent summons/Practice Direction No.11 inapplicable — notice and service — full Court where cause-listed — costs and public interest.
11 February 2026
Petitioners permitted to discontinue under Order X Rule 3; court declined respondent's request for costs, ordering each party to bear own costs.
Constitutional procedure – Discontinuance under Order X Rule 3 – Court’s discretionary power to allow withdrawal before judgment; Costs – section 30 CCA – discretion to award costs where litigation is frivolous or vexatious; Prima facie finding – relevance to denying costs.
10 February 2026