The High Court of Zambia is established under the Constitution of Zambia and the High Court Act, Chapter 27 of the Laws of Zambia. stream 3. High Court (Amendment) Act, 2016. endobj Conduct of Proceedings by a Person Other than a Party . Long title: An Act to amend the High Court Act. Mr. Justice CHEUNG Chief Judge of the High Court The Hon. Officers of High Court. Interpretation CHAPTER III APPLICATION OF THIS CODE 5. Mr. Justice REYES The Hon. Bona fide claim of right 9. 2020-Ccz-0008 Isaac Mwanza Vs Electral Commission Of Zambia & Attorney General-Feb-2021-Coram Sitali, Mulonda And Munalula JJC 2020-Ccz-A002 Bric Back Limited T-A Gamamwe Ranches Vs Neil Kirkpatrick-Jan-2021-Coram Chibomba, P.C., Mulonda And Munlula, JJC 1. Removal of cases from High Court. ^X��z����r������DeW�y��,�#����/-�:u���B0Y�/]�JG�KO`�N�ƛ��J The Hon. Lusaka - Zambia: The Constitutional Court has ruled that Ministers and their Deputies are in office illegally following the dissolution of Parliament. [R 1 am by SI’s 273 of 3 and of 7.] [IT�:�eJ[z%�)-M����W��H��b5�}O����n���l1+� /.�r>�_i"����,] x�O��o�G�\Virv����i�|�GB��0P=�5�k��l�3�?�N�/�_�z�&��!M�X� �|p,�Z��x%�z�u�G����s��&WYѐ� endobj 3 0 obj 49 Civil appeals from the High Court. THE ATTORNEY GENERAL CORAM: HONORABLE JUSTICE MR. MWILA CHITABO, SC. Act Number 7 of 2011 . No. 51 Criminal appeals from magistrates' courts. (2) In these Rules, unless the context otherwise requires,“Court” means the High Court or any one or more Judges thereof,whether sitting in Court or in Chambers, or the Registrar; but the foregoingprovision shall not be taken as affecting any provision of these Rules and, inparticular, Order 32, rule 9, by virtue of which the authority and jurisdictionof the Registrar is defined and regulated. An Act to amend the Supreme Court of Zambia Act. Open Access Law Articles; SAIPAR Bookshelf; About Us; Contact Us; COVID-19 Legal Resources are available on ZambiaLII here. 56. He argues that there is no provision under Order 53, Rule 9 (1) or Order 53/14/76, which allows a party joined as a “proper person” to institute their own ‘proceedings within proceedings’. The Ministers and 55. Title of Parties . Document: High Court Act.pdf. Establishment of Court Cap. 303 of 1964) Seals 10. Where this is the case, we use the white book. For the Respondent: N/A. <> The sittings of Subordinate Courts shall usually be held in such buildings within Zambia as the Chief Justice shall, from time to time, assign as Court Houses for that 54. 2 0 obj Where a statutory instrument inserts a new order into the Rules, the new order is included in the Index of Rules. endobj (As amended by G.N. IN THE SUPREME COURT OF ZAMBIA Appeal No. Commencement of Proceedings . Order 53/14/4 of the Rules of the Supreme Court 1999, vol. Date of commencement: 4 May 2012. To print the whole chapter in HTML, please click at the bottom of the TOC panel and then click .Please set the page orientation to “Landscape” for printing of bilingual texts on a single page. 3. <>/Metadata 2289 0 R/ViewerPreferences 2290 0 R>> It has original (cases can begin in the High Court) and unlimited (the Court can hear any type of case except those specifically excluded by the Constitution or Statute) jurisdiction (power). Supreme Court of Zambia Act. endobj Extent of jurisdiction of local courts 6. Cases Referred to: … stream No.21 of 2016 . 2. (As amended by S.I. RULING. 52 Criminal Appeals to the Supreme Court of Appeal [Rule 52 substituted by GN R518 of 2009.] Download of Original File: Free African Law. 14. <> 2. Court of Appeal; High Court of Zambia; Subordinate Court of Zambia ; Law scholarship. ORDER 1—PRELIMINARY MATTERS . Application of Rules . … 4 0 obj Home; About Parliament. Administration of oaths. Document: The Supreme Court of Zambia (Amendment) Act No. On 13th of June 2007, the High Court of Zambia granted an order in favor of the Attorney‐General registering the judgment. pursuant to Order 6 Rule 2 of the High Court Rules Cap 27 of the Laws of Zambia. <> %���� Amendment Acts. Court of Appeal; High Court of Zambia; Subordinate Court of Zambia; Law scholarship. Get Textbooks on Google Play. IN THE HIGH COURT FOR ZAMBIA AT THE PRINCIPAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) BETWEEN: MUTEMBO NCHITO. %PDF-1.7 HIGH COURT (CIVIL PROCEDURES) RULES, 2004 (CI 47) ARRANGEMENT OF RULES . Date of assent: 27 April 2012. 57. Recent Posts. (1) The High Court, as constituted by the Constitution, shall be the High Court of Judicature for Zambia. %���� High Court Rules 2016 (LI 2016/225) Note. No. 53. The Rules have strict time frames within which certain actions and steps should be taken. 92 of 2012 B5493 Made this 8th day of May 2012. (1) Any party to an appeal to the High Court may appeal to the Court against the High Court judgment with the leave of that court if given at the time when judgment is pronounced, or with the leave of the Court. High Court Rules 2016. Substantive Act . 96A/2004 HOLDEN AT LUSAKA (Civil Jurisdiction) IN THE MATTER OF: ORDER 53 OF THE RULES OF THE SUPREME COURT AND IN THE MATTER OF: AN APPLICATION FOR LEAVE FOR JUDICIAL REVIEW BY ROY CLARKE BETWEEN: THE ATTORNEY GENERAL APPELLANT AND ROY CLARKE RESPONDENT Coram: Sakala, CJ, Lewanika, DCJ Chirwa, Mumba, … ORDER 2—COMMENCEMENT OF PROCEEDINGS . 4 0 obj 1. Order 64, rule 7 amended (High Court Offices: days on which open and office hours) Order 64, rule 7(1)— Repeal subparagraphs (c) and (ca). %PDF-1.5 Rules of the Superior Courts and Circuit Court are presented in consolidated format. APP-0053-2020 Dangote Industries Zambia Ltd vs ENFIN Ltd – Coram; Chashi, Lengalenga, Ngulube JJA . <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> ���~�R6Nx�e�//~'�&��F3v�qf���8䓬�I�u��n7�Q�j�W���rԻd]�qH0�W�7�� C^Rh���Τ..OW��w�^��� 3v���, �t9�;��>���l����. It cannot reasonably be supported in a democratic country such as Zambia. 3. <> Intention and motive 10. Publicity of Proceedings . ENACTED by the Parliament of Zambia. About National Assembly; History; The … For the Applicant: N/A. Such order shall be executed in accordance with the provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and the Magistrates' Courts Rules published under Government Notice R1108 of 21 June 1968, as amended, regarding warrants of execution against movable and immovable property and the issuing of emolument attachment orders and garnishee orders only. ez��Xx)�_|7^� \���c�U*�Ƈ��2�z��䄿�c ן�?�7��_�p��3����%|��)�o`�ܬ��Y��S�EP]����I!�`e+G>���� �H�����6�U?ȸ����*7��MF �B�W`]�&[��ݾ� By clauses; View whole (3.1MB) Versions and amendments; Print/Download PDF [2.7MB] Add to web feed; Order a commercial print; Contents; Previous clause; Next clause; Tag clause; Remove; Previous hit ; Next hit; Reprint as at 30 January 2021. x��Y[S��~����O��-Ҹ/����%��������kB�&����GR��6t��9�UY&H��'��ww��� �vw�?�L���Jx�����N�������W������Nt�%͓�R]���iB�BGLJ$L(���dw��6o)T���NP�^**���G�@4�d�#� Order LIII has sanctions which are meant to make the parties move with all the speed required to dispose of the cases as quickly as possible. 63 of 1964) 4. 1 0 obj Search within this Legislative Instrument. These rules may be cited as the High Court Rules. 1. General rule of interpretation 4. Volume: Volume 3. Year of Act: 2016. 3. Costs in cases which could have been brought in magistrates court. About Court Rules. The Court began its operations as a List … 3 0 obj Read, highlight, and take notes, across web, tablet, and phone. endobj <>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S>> Legislation Referred to: (i) Orders 53 (4) 45 Rule 7, 52 White Book 1999 (Edition) vol. endobj Mistake of fact 11. 33. Acting without Authority . x���Mk�@@���9Jovf�! The court in this case established two considerations in relation to the judges rules (although in this case it was decided that the judge’s rules as they applied to Zambia did not apply as there was no breach due to the fact that the accused when making the statements was not in custody). 8. 53 Security for costs 54 Taxation of costs 55 Payment of costs by lawyer 56 Set-off 57 Enforcement of judgment 57.1 Taking out judgments and orders PART XVI POWERS OF THE COURT 58 Powers exercised by the court 59 Fresh evidence PART XVII GENERAL RULES 60 Powers of registrar 61 Prescribing terms and conditions 62 Material to be legible and to comply with rules 63 Forms 64 Style … Public Financial Management Handbook. 53 Reviews. Rules of court. 1 0 obj The High Court (Amendment) Rules, 2012. An Act to amend the law with respect to the jurisdiction and business of the High Court, and with respect to the officers and offices of the High Court, and otherwise with respect to the administration of justice and the validation of certain acts. 49A Criminal Appeals to the Full Court [Rule 49A inserted by GN R645 of 1983 and substituted by GN R518 of 2009.] All Subordinate Courts shall use seals of such nature and pattern as the Chief Justice may, by statutory order, direct. 3. Contents of Writ . Open Access Law Articles; SAIPAR Bookshelf; About Us; Contact Us; COVID-19 Legal Resources are available on ZambiaLII here. 4. Date of commencement and application (1) These rules shall come into operation on the 1st January, 2, and shall have effect in relation to all proceedings in the High Court, including so far as is practicable proceedings pending on that date. Changes authorised by subpart 2 of Part 2 … 4. 2 0 obj Liability for offences committed partly within and partly beyond the jurisdiction CHAPTER IV GENERAL RULES AS TO CRIMINAL RESPONSIBILITY 7. District Court rules will be similarly presented in the near future. APP-92-2020- ZCCM Investments Holdings PLC vs First Quantum Minerals & 6 Others- Coram; Chashi, Lengalenga, Ngulube JJA. Rent and save from the world's largest eBookstore. Short title: High Court (Amendment) Act, 2016. That the purpose of joining the appellant, as an interested person and intervenor, to the review proceedings, was to be allowed to be heard in opposition to the 1 st respondent’s application. 1 (2) The Court shall be deemed to be duly constituted during, and notwithstanding, any vacancy in the office of the Chief Justice or of any Puisne Judge. AND. ���\$��B�� O���z~Gz��������_~}�wb��v0dW�~7v���{ݾy(r�u �����_� <> Ignorance of law. Rule . Bill. These special Rules of the Court are found under Order LIII of the High Court Rules, Chapter 27 of the Laws of Zambia. In RSC Order 52, in rule 6 for “open court”, wherever those words appear, substitute “public”. parliament.gov.zm. Number of Act: 21. We have our own rules which are found in the High Court Act but certain procedures are not provided for in there. 1 empowers the Court to discharge leave granted to an Applicant on an ex-parte application for leave to move for judicial review. Public Financial Management Handbook. The Supreme Court of Zambia (Amendment) Bill, 2016. [R 2(1) am by SI 25 of 3.] 50 Civil appeals from magistrates' courts. 2. 9. Regulatory power to fix fees. ^��謘ǚ#3,79�lţ�ܟ�YK�6�Q�X��5�6�F���� xtU�m����b=���Vuy����16�]'I/���Gg. 24, 2016.pdf. Rules of the High Court (Amendment) Rules 2012 L.N. Is the case, we use the white book ) am by SI ’ s 273 of 3 and 7! Rules, Chapter 27 of the Superior Courts and Circuit Court are presented in the Court. 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