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Supreme Court of Zambia - 2015 October

2 judgments
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2 judgments
October 2015
Mtonga v Examination Council of Zambia (Appeal 24 of 2012) [2015] ZMSC 172 (30 October 2015)
Non-compliance with mandatory Rule 58(2) by framing argumentative or mixed-up grounds renders an appeal incompetent.
  • Civil procedure — Appeals — Supreme Court Rules — Rule 58(2) mandatory: grounds of appeal must be concise, under distinct heads and without argument; Rule 19 discretionary on preliminary objections; defective or 'mixed-up' grounds render appeal incompetent.
30 October 2015
Wanga & Others v Attorney General (Appeal 97 of 2012) [2015] ZMSC 64 (27 October 2015)
Leave for judicial review refused where appellants had alternative appeal and failed to show procedural impropriety or irrationality.
  • Societies Act (s8, Rule 8) — requirement to give reasons for refusal of registration; judicial review — leave to apply (Order 53 RSC) — filtering frivolous/hopeless claims; alternative remedy/appeal to Minister bars judicial review; procedural impropriety; Wednesbury unreasonableness.
27 October 2015