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Civil Procedure

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Civil Procedure
8 documents
Andreas Panagiotis Xirocostas v Poma (Appeal 206 of 2013) [2020] ZMSC 8 (13 May 2020)
Judgment 13 May 2020
RAE Zambia Limited v The Attorney General & Another (Appeal 112 of 2018) [2018] ZMCA 403 (28 November 2018)
A party likely to be affected by reissued exploration rights ought to be joined under Order 14/5(1) HCR.
  • Procedure — Joinder of parties — Order 14/5(1) HCR and Order 15/4(1) RSC — person entitled to or claiming interest in the subject matter or likely to be affected — ministerial cancellation and reissuance of petroleum exploration licence — discretion to join aimed at effective adjudication — distinction from Abel Mulenga.
Judgment 28 November 2018
Mooto (SG Zambia Association of Timber and Forestry Based Industries) v Director of Forestry and Another (2017/HP/1016) [2018] ZMHC 560 (28 July 2018)
Court quashed verbal timber export ban for illegality, ordered licences issued; damages claim dismissed.
  • Judicial review — Forests Act (ss. 50, 53, 62) — Illegality and procedural impropriety for failure to give written notice and show cause — Ministerial verbal export ban unsupported by statute — Mandamus to statutory officer to issue/renew licences — Damages/compensation dismissed; s.56(1)(b) bars compensation.
Judgment 28 July 2018
United Quarries Limited v Chongwe District Council (HP 1001 of 2007) [2018] ZMHC 322 (23 February 2018)
Judgment 23 February 2018
Katenge Resources Ltd v Avarmma Mining Company Ltd and Ors (CAZ 8 78 of 2017) [2017] ZMCA 144 (28 November 2017)
Court allowed final extension to file record of appeal, finding delay not inordinate nor prejudicial.
  • Civil procedure — appeal — extension of time to file record of appeal — Order 13 Rule 3(3) Court of Appeal Rules — inordinate delay a question of fact — prejudice to respondent — dismissal for want of prosecution.
Judgment 28 November 2017
Kangwa & Others v Zambia Environmental Management Agency & Others (Appeal 40 of 2012) [2014] ZMSC 143 (30 October 2014)
EIA consultation rights extend beyond title holders; subsequent consultations and agency approvals can cure initial EIA defects.
  • Environmental law — Environmental Impact Assessment — right to be consulted not limited to title holders; scope and cure of EIA defects; discretionary admission of further evidence on appeal; mining licence outsourcing permitted where affiliate licensed; reliance on agency approvals and mitigation conditions
Judgment 30 October 2014
Chimambo and Others v Commissioner of Lands and Others [2006] ZMSC 33 (10 January 2006)
Whether land grants made during de‑gazettement remain valid and whether allocations after re‑gazettement without statutory authority are lawful.
  • Forest law — de‑gazettement and re‑gazettement — validity of grants made during de‑gazetted period; Administrative law — judicial review — illegality, irrationality and procedural impropriety of grants made after re‑gazettement without statutory authority; Civil procedure — availability of declaratory relief in judicial review and counter‑claims (Order 53).
Judgment 10 January 2006
People v Masauso and Another (HNR 252 of 1980) [1980] ZMHC 10 (7 April 1980)
A first‑class magistrate may be deputed within the district without formal transfer unless the case is part‑heard.
  • Criminal procedure — Transfer of cases — Deputation of a first‑class magistrate within same district — No formal transfer required if case not part‑heard; part‑heard or remission to lower class requires formal transfer
  • Judicial discipline — Unlawful discharge of accused amounts to nullity and abuse of process
Judgment 7 April 1980