The only restriction is that the amendments should not prejudice or embarrass the other party to the litigation. Separate pieces of legislation provide for the establishment of the various courts, while the procedure for each court is promulgated by way of statutory instruments usually issued under the hand of the Chief Justice. 1.1 What type of legal system does your jurisdiction have? At the hearing below in the *Supreme Court/Court of Appeal, the [name of party] will apply for 58 of 2020. (3)Â Notwithstanding anything in subsection (1)-. Notice of originating motion. The appellant must therefore file the Record of Appeal within 60 days of the filing of the Notice of Appeal and Memorandum of Appeal. The taxing master is a judicial officer who determines the quantum of the costs through a process of taxation of party-to-party costs. 6.2 Do the courts in your jurisdiction have any particular case management powers? Issue of originating notice of motion This is done to avoid incidents of multiplicity of actions. (3)Â A tenant's request for a new tenancy shall not have effect unless it is made by notice in the prescribed form given to the landlord and sets out the tenant's proposals as to the property to be comprised in the new tenancy (being either the whole or part of the property comprised in the current tenancy), as to the rent to be payable under a new tenancy and as to the other terms of the new tenancy. It is, however, important to note that by virtue of Section 13 of the High Court Act, Chapter 27, Volume 3 of the Laws of Zambia, the Zambian courts are directed to rely on principles of English Common Law and Equity in determining disputes. 3.1 How are civil proceedings commenced (issued and served) in your jurisdiction? What various means of service are there? 4.3 Is there a mechanism in your civil justice system whereby a defendant can pass on or share liability by bringing an action against a third party? In other proceedings, whose proceedings can be disposed of in chambers, evidence is received by mode of affidavit evidence, for example in foreclosure proceedings or Judicial Review proceedings. (1)Or see lower court documents for reference. (6)Â A notice under this section shall not have effect unless it states whether the landlord would oppose an application to the court under this Act for the grant of a new tenancy and, if so, also states on which of the grounds mentioned in section eleven he would do so. Where a question relating to the Constitution arises before any court, the presiding judge may refer the question to the Constitutional Court for determination. (ii)Â Â Â Â Â Â Â the tenant has been in occupation for a period which, together with any period during which any predecessor in the carrying on of the business carried on by the tenant was in occupation, exceeds six months. (a)Â Â Â Â Â Â Â where a tenancy to which this Act applies ceases to be such a tenancy, it shall not come to an end by reason only of the cesser, but if it was granted for a term of years certain and has been continued by subsection (1), then (without prejudice to the termination thereof in accordance with any terms of the tenancy) it may be terminated by not less than three nor more than six months' notice in writing given by the landlord to the tenant; (b)Â Â Â Â Â Â Â where, at a time when a tenancy is not one to which this Act applies, the landlord gives notice to quit, the operation of the notice shall not be affected by reason that the tenancy becomes one to which this Act applies after the giving of the notice. LANDLORD'S NOTICE TO TERMINATE TENANCY OF BUSINESS PREMISES. 26.Â Â Â The Chief Justice may, by statutory instrument, make rules of court-. landlord of premises known as Â Â Â Â Â Â Â Â Â. Â Â Â 1.Â Â Â I, .............................................................. , of Â Â Â Â Â Â Â Â Â Â Â Â Act No. This is in line with Order 14 Rule 4 of the High Court Rules. As earlier stated, the procedure of the High Court has a peculiar difference with that of other courts which adopt a party-driven procedure. For example, are there any rights of appeal from arbitration awards and expert determination decisions, are there any sanctions for refusing to mediate, and do settlement agreements reached at mediation need to be sanctioned by the court? OF BUSINESS PREMISES. It is worth noting that administratively, the High Court has been segmented into specialised Jurisdictions, i.e. More specifically, a defendant can join a party for purposes of being indemnified or seeking contribution to liability after the successful prosecution of a plaintiff’s claim. Its original jurisdiction is to the extent that any civil claim exceeding an amount set by the High Court Rules of the High Court Act (the “High Court Rules”) has to be commenced in the High Court. The respondent has the right to respond by filing the “Respondent’s Heads of Arguments”. The parties shall prepare, not less than seven days before the scheduling conference, a scheduling conference brief and exchange briefs, which shall include: 1.4 What is your jurisdiction’s local judiciary’s approach to exclusive jurisdiction clauses? 8.3 Are there any particular rules regarding the calling of witnesses of fact, and the making of witness statements or depositions? In an effort not to render the appeal nugatory, in the event that the appeal succeeds, the Court will order a stay of proceedings. 2. With respect to the failure of a party to abide by case management orders or orders for directions, the court will condemn a party to bear costs for failure, and the Commercial Division will impose a punitive hearing payable before the next hearing date. The Arbitration Act has comprehensive provisions in arbitration to provide for interim or provisional protection. (c)Â Â Â Â Â Â Â there are no other persons with interests in the property who are likely to be affected. Application under section 12 (2) (b) of the Act. 4.5 Can the defendant dispute the court’s jurisdiction? One may be an expert even if they have never been to school and only have informal training; mere experience may also suffice. (3)Â Where an order is revoked under subsection (2), any provisions thereof as to payment of rent shall not cease to have effect by reason only of the revocation; but the court may, if it thinks fit, revoke or vary such provision, or where no costs have been awarded in the proceedings for the revoked order, award such costs. The courts also issue the parties with Orders for Direction which, if not complied with, can result in the parties being ordered to bear costs. (1) Any originating notice of motion by which an application is made under the Act shall be issued out of the court, or the principal or district registry of the court, for the province or district, as the case may be, in which the premises to which the application relates are situated. 1.Â Â Â This Act may be cited as the Landlord and Tenant (Business Premises) Act. 7.Â Â Â If on the day fixed for the hearing of an application to the High Court under section four of the Act the Registrar is satisfied that-. For example, a computer database which forms part of the business records of a company is, in so far as it contains information capable of being retrieved and converted into readable form, a “document” for the purposes of Order 24 and is therefore susceptible to discovery. (b)Â Â Â Â Â Â Â any person being a mortgage in possession in respect of such an interest in reversion as is mentioned in paragraph (a); and the information which any such person as is mentioned in paragraph (a) is required to give under subsection (2) shall include information whether there is a mortgage in possession of his interest in the premises and, if so, what is the name and address of the mortgagee. Form and issue of notice of motion. 3. The judge will then proceed to hold status conferences until the case is set down for hearing. (5)Â A notice under this section shall not have effect unless it requires the tenant, within two months after the giving of the notice, to notify the landlord in writing whether or not, at the date of termination, the tenant will be willing to give up possession of the property comprised in the tenancy. Is it permissible for a non-party to litigation proceedings to finance those proceedings? Expert evidence is admissible in Zambian courts. 14. 12.Â Â Â Notwithstanding sub-rule (2) of rule 4 of these Rules, in the case of an application by a tenant under section eighteen of the Act to the court for revocation of an order for the grant of a new tenancy, there must be at least four clear days between service of the notice of motion and the day named in the notice for hearing the motion. 58 of 2020 of the High Court (Amendment) Rules requires that a Writ of Summons must now be accompanied by a statement of claim, list of documents, list of witnesses to be called by the plaintiff and a letter of demand. Amendments can be made at any time. Â Â Â 2.Â Â Â If you have a sub-tenant I hereby require you to state-. The reference to mediation by a court is an order, and as such, parties cannot refuse to go for mediation. It is also important to note that the Hight Court has time limitations for delivery of rulings and judgments of 90 days and 100 days, respectively. A civil action (case) can be commenced by filing of Court process (documents), such as Writ of Summons, Originating Summons, Originating Notice of Motion, Petition, etc. (2)Â A tenancy granted for a term of years certain which is continuing by virtue of section four may be brought to an end on the first day of the month next following the expiry of not less than three months' notice in writing given by the tenant to the immediate landlord, whether the notice is given before or after the date on which, apart from this Act, the tenancy would have come to an end. "business" means a trade, an industry, a profession or an employment, and includes any activity carried on by a body of persons, whether corporate or unincorporate, but does not include farming on land; (a)Â Â Â Â Â Â Â in relation to any premises the annual rent of which exceeds three thousand six hundred kwacha, the High Court; and. Additionally, a person who is adjudged or certified to be a vexatious litigant equally must seek leave of court before commencing an action. There are two recognised arbitral institutions, namely the Zambia Association of Arbitrators (“ZAA”) and the Chartered Institute of Arbitrators Zambia Branch (“CIArbZB”). It is important to note that there are few cases, if any, where the Courts have overridden an exclusive clause in a contract. (3)Â Where the current tenancy includes rights enjoyed by the tenant in connection with the holding, those rights shall be included in a tenancy ordered to be granted under section ten. Giga-fren [ 3 ] The original Notice of Motion claims immunity over 23 documents, all of which are found in Exhibit R-11.5, the Government's 'Fresh as Amended Privileged Document List' of December 16, 1999. 58 of 2020 of the High Court (Amendment) Rules 2020 now provides for Pre-Trial Directions and Conferences. Is it possible to obtain disclosure pre-action? Pre-action disclosure is invoked in exceptional circumstances, and the provisions of Order 24 Rules 1 and 2 (24/7A/7) of the Rules of the Supreme Court (the White Book) 1999 Edition, Volume 1 states that an order for the disclosure of documents before an action (or by a non-party) will not be for general discovery of documents under Rule 3. Leave to serve short notice of motion may be obtained on ex parte application to the court. 5.1 Is there a mechanism in your civil justice system whereby a third party can be joined into ongoing proceedings in appropriate circumstances? 8.4 Are there any particular rules regarding instructing expert witnesses, preparing expert reports and giving expert evidence in court? They are awarded by the court in the exercise of its discretion in accordance with Order 40 Rule 6 of the High Court Act in the case of the High Court. However, these measures are administrative and are revisited from time to time by the Chief Justice. 9.Â Â Â Where the landlord and tenant agree upon the grant to the tenant of a future tenancy of the holding, or of the holding with other land or premises on terms and from a date specified in the agreement, the current tenancy shall continue until that date but no longer, and shall not be a tenancy to which the provisions of this Act apply. In Constitutional matters, parties will normally bear their own costs. What are the main criteria for obtaining these? 8.Â (1)Â Where the tenant under a tenancy to which this Act applies, being a tenancy granted for a term of years certain, gives to the immediate landlord, not later than three months from that date on which, apart from this Act, the tenancy would come to an end by effluxion of time, a notice in writing that the tenant does not desire the tenancy to be continued, section four shall not have effect in relation to that tenancy. Act provides as follows: “3. 8.2 What types of evidence are admissible, and which ones are not? 5.3 Do you have split trials/bifurcation of proceedings? In the event that the claim is for unliquidated (unquantified) damages, a judgment cannot be entered in default; as such, the matter has to be set down for trial notwithstanding the fact that a defence has not been entered. The Subordinate Court has its own rules of court procedure and recourse is had to the County Court Rules (“CCR”) in the event of any default on account of a lack of provision to deal with any procedural aspect. Letter of demand whose receipt shall be acknowledged by the defendant or an affidavit of service attesting to the service of the letter of demand, which shall set out the claim and circumstances surrounding the claim and circumstances surrounding the claim in detail. It is trite law that civilprocedure rules are enacted to govern the methods and practices used in civillitigation. With respect to filing a defence, this is dependent on the distance between the High Court registry and the physical address of the plaintiff. 54 r. 5) In the Supreme Court of Western Australia*General Division/Court of Appeal No. In the case of Horsham District Council and Another, Ex. form 50 . The ex-parte order of injunction dated January 18, 2021 is according discharged forthwith,” she said. Use Form 5B – Originating Motion Between Parties when initiating a proceeding where there is a defendant. Where an expert witness who prepares a report and cannot assert that the report contained the truth, the whole truth and nothing but the truth without some qualification, that qualification should be stated in the report. (c) by the insertion in subsection (1) of section 31 after the definition of “personal property” of the following definition: “personal injuries” includes any disease and any impairment of a person’s physical or mental condition.”. The cardinal pieces of legislation, with respect to the constitution and jurisdiction of the courts, are the Local Courts Act, the Small Claims Court Act, the Subordinate Court Act, the High Court Act, the Industrial and Labour Relations Act, the Court of Appeal Act, the Constitutional Court Act, and the Supreme Court of Zambia Act. This Act makes provision for the enforcement in the Republic of Zambia of judgments given in foreign countries which accord reciprocal treatment to judgments given in the Republic of Zambia, to facilitate the enforcement in foreign countries of judgments given in the Republic of Zambia. (3)Â Rent paid into court under the Act may be claimed by the landlord within one year of the date of payment into court. Dentons Eric Silwamba, Jalasi and Linyama, Dentons Eric Silwamba, Jalasi and Linyama, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, We are a legal department covering whole of Europe. In Zambia, the settlement of criminal matters is a preserve of the courts and they cannot thus be settled using alternative dispute resolution, as read in Section 6(2)(c) of the Arbitration Act No. 6.Â (1)Â A tenant's request for a new tenancy may be made where the tenancy under which he holds for the time being (hereinafter referred to as "the current tenancy") is a tenancy granted for a term of years certain and thereafter from year to year. (a)Â Â Â Â Â Â Â the court shall make a declaration to that effect, stating on which of the grounds the court would have been satisfied as aforesaid and specifying the date determined by the court as aforesaid, but shall not make an order for the grant of a new tenancy; (b)Â Â Â Â Â Â Â if, within fourteen days after the making of the declaration, the tenant so requires, the court shall make an order substituting the said date for the date specified in the said landlord's notice or tenant's request, and thereupon that notice or request shall have effect accordingly. Â Â Â 3.Â Â Â This notice is given under the provisions of section 21 (2) (b) of the Landlord and Tenant (Business Premises) Act. As earlier stated, costs follow the event and are usually given to the successful party at the end of the litigation. MORTGAGEE ABOUT LANDLORD'S INTEREST, To ...................................................................... , of Â , As a general rule, hearsay evidence is inadmissible, except under the exceptions under English law such as res gestae, dying declarations, etc. 3.5 Can the pleadings be withdrawn? The Constitutional Court has both original and final jurisdiction. It is important to note that, prior to 31st December, 2002, in the event that local procedure in this jurisdiction did not provide for the particular procedure issue, recourse was made to the procedure at that moment being applied in the English High Court of Justice. He can give an opinion on facts which are admitted or proved by him or other witnesses in his hearing at the trial. (3)Â In the case of a tenancy which, apart from this Act, could have been brought to an end by notice to quit given by the landlord-, (a)Â Â Â Â Â Â Â the date of termination specified in the notice under subsection (1) shall not be earlier than the earliest date on which, apart from the provisions of this Act, the tenancy could have been brought to an end by notice to quit given by the landlord on the date of the giving of notice under this section; and. 7.2 What are the rules on privilege in civil proceedings in your jurisdiction? Our courts are granted the jurisdiction to make rulings and orders on damages, interests and costs. A plaintiff may withdraw any part of his claim before the date fixed for the hearing by giving written notice of such withdrawal to the registrar and to every defendant he desires to withdraw. His opinion is not admissible upon materials which are not before court or which have merely been reported to him as hearsay. Worthy of mention are the Small Claims Courts, which are presided over by part-time judicial officers called Commissioners, who are in fact practising advocates. (2)Â Where such an application is made in consequence of a notice given by the landlord under section five, it shall not be entertained unless the tenant has duly notified the landlord that he will not be willing at the date of termination to give up possession of the property comprised in the tenancy. To this extent, the holding of the English Courts on the defence of champerty in the case of Camdex v. Bank Zambia (1997) CLC 74, where the defence of champerty failed with respect to assignment of a debt would be most instructive. Â Â Â Upon any application under the Act to the court there shall be paid in respect of the filing of such application a fee of fifty fee units where the application is made to the High Court and fifty fee units where the application is made to a Subordinate Court. The Mediation Rules encourage parties to settle court cases on the sidelines of court proceedings through the use of court-accredited mediators. Eric Silwamba, SC Additional provisions are to be found in Order 16 of the Rules of the Supreme Court (The White Book) 1999 Edition, Volume 1 with respect to joinder of parties and third-party proceedings. Memorandum of appearance. The courts admit oral or parole evidence (witness testimony), which is usually complemented by documentary evidence. The Constitutional Court has original and final jurisdiction to hear a matter relating to the interpretation of the Republican Constitution and matters relating to the violation of the Republican Constitution. 11.1 What methods of alternative dispute resolution are available and frequently used in your jurisdiction? 16.Â Â Â The rent payable under a tenancy granted by the order of the court under this Act shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the court to be that at which, having regard to the terms of the tenancy (other than those relating to rent), the holding might reasonably be expected to be let in the open market by a willing lessor, there being disregarded-. Rule 21(1) of the Industrial Relations Court (Arbitration and Mediation Procedure) (Amendment) Rules, 2007 states that where the mediation fails, the record of proceedings should be returned to the court. 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