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Supreme Court of Zambia - 2009 May

4 judgments
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4 judgments
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