Skip to document content Skip to main menu Skip to search

Supreme Court of Zambia - 2009 May

4 judgments
Advanced search

Court registries

All years
Filters
  • Filters
  • Judges
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
May 2009
Chipasha and Ors v Swarp Spinning Mills PLC (Appeal 129 of 2006) [2009] ZMSC 146 (14 May 2009)
A Rule 78 slip-rule motion cannot be used to reopen or review a final judgment; such abuse is dismissible with costs.
Civil procedure – Appellate procedure – Rule 78 (slip rule) – Limitation to correction of clerical errors and accidental slips – No jurisdiction to reopen final judgment on merits – Abuse of court process – Costs.
 14 May 2009
July Danobo T/A Juldan Motors v Chimsoro Farms Ltd (SCZ Judgement 15 of 2009) [2009] ZMSC 166 (14 May 2009)
Failure to compile a complete Record of Appeal as required by the Rules warrants dismissal and costs awarded against counsel for misrepresentation.
Civil procedure – Record of Appeal – Requirement to include proceedings/transcript under Rule 58 – Non‑compliance sanctions under Rule 68(2) – Filing incomplete supplementary record – Counsel’s misrepresentation and professional misconduct – Costs against counsel.
 14 May 2009
Patel v Surma Stationers Ltd and Ors (SCZ Judgement 12 of 2009) [2009] ZMSC 167 (14 May 2009)
Court allowed plaintiff's leave to amend, holding amendments arose from same facts and did not introduce a new cause.
Civil procedure – Amendment of pleadings – Order 18 rule 1 High Court Rules; Order 20 rule 5 Rules of the Supreme Court – Adding or substituting a new cause of action allowed if arising out of same or substantially same facts – Prejudice and interests of justice – Leave to amend granted.
 14 May 2009
Mindeco Small Minning Ltd v Sichone (SCZ 8 197 of 2006) [2009] ZMSC 3 (13 May 2009)
A judge is not functus officio merely because he dismissed a misconceived application; proper application for leave to file appeal record out of time must be considered.
Civil procedure – late filing of record of appeal – distinction between application to extend time and application for leave to file record out of time – functus officio – when a judge may be precluded from further acting.
 13 May 2009