However, upon lodgment of a Notice of Discontinuance, the plaintiff may be liable to bear the costs of the proceedings. make a security deposit) or restraining a party from doing something (e.g.
The only restriction is that the amendments should not prejudice or embarrass the other party to the litigation. 9.2 What powers do your local courts have to make rulings on damages/interests/costs of the litigation?
However, aspects of formal qualifications or many years of service are important rather than admissibility of the evidence.
However, the court may request that a party adduce his evidence by way of affidavit. Are there any special rules concerning the disclosure of electronic documents or acceptable practices for conducting e-disclosure, such as predictive coding?
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. Where a question relating to the Constitution arises before any court, the presiding judge may refer the question to the Constitutional Court for determination. Where a court expert is appointed in a cause or matter, any party may, on giving to the other parties before the trial in reasonable time notice of his intention to do so, call one expert witness to give evidence on the question reported. Dentons Eric Silwamba, Jalasi and Linyama Legal Practitioners, Mwape Chileshe The Supreme Court and the Constitutional Court rank pari passu, and it is important to state that the Constitutional Courts jurisdiction is limited to cases arising out of the Constitution. 272 (S.C.), the court held that the principle is that the opinion of a handwriting expert must not be substituted for the judgment of the court.
The Commercial Court, on the other hand, is judge driven.
For example, in Muliango and Another v. Masaga and Another, the learned trial judge found that the defence furnished by the first defendant appeared to be valid and would succeed if sufficiently supported by evidence. The first amendments, if made before the matter is advanced, can be made without leave of court.
5.3 Do you have split trials/bifurcation of proceedings?
The Local Courts are courts that administer customary law, usually restricted to traditional disputes. In Zambia, like many other Commonwealth jurisdictions, the courts power to punish persons who defy or disobey court orders is by way of committed proceedings (contempt of court).
7.5 Are there any restrictions on the use of documents obtained by disclosure in your jurisdiction? For example, a computer database which forms part of the business records of a company is, insofar 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. 11.1 What methods of alternative dispute resolution are available and frequently used in your jurisdiction?
The Zambian courts subscribe to the English law doctrine of freedom of contract. It is imperative to state that the expert evidence is there to aid the court in arriving at its own judgment on the evidence before it, and the court is not bound to follow the experts evidence.
It provides that: (1) Except as otherwise provided by any written law or these Rules, an action in the High Court shall be commenced, in writing or electronically by writ of summons endorsed and accompanied by . Only in post-action interim remedies such as injunctions, and in judicial review proceedings, is grant of leave operating as a stay of a decision of an administrative body available. 1.2 How is the civil court system in your jurisdiction structured? Are time limits treated as a substantive or procedural law issue? As a general rule, hearsay evidence is inadmissible, except under the exceptions under English law such as res gestae, dying declarations, etc.
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.
As earlier stated in section 1, civil proceedings are commenced by a party instituting an action depending on the cause of action and rules of a particular court. (2) A writ of summons which is not accompanied by the documents listed under sub-rule (1) shall not be accepted.. This includes documents protected by legal professional privilege. 19 of 2000, and by virtue of the provisions of Section 8 of the Act. Where necessary, the defendant has a right to challenge the jurisdiction of the court. A notice of appeal must be made within 14 days from the date of the judgment. !Eric R. Green, Vice President & Senior Associate General Counsel - Commercialization, Quintiles Transnational Corp. 2002-2022 Copyright: ICLG.com | Privacy policy | Cookie policy. 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 general rule is that costs follow the event.
According to Order 40 Rule 1 of the High Court Act, costs which include the expenses incurred by either party in any cause or matter, as well as in the enforcement of the decree or order of the court therein, are recoverable. expert reports, if any, and the relevant portions of documents relied on by the parties subject to the applicable rules of the Supreme Court Practice 1999 Edition.
16 of 1997 states that: Every judgement, order of decree of the High Court or of a subordinate court whereby any sum of money, or any costs, charges or expenses, is or are to be payable to any person shall carry interest from time to time of entering such judgement, order, or decree until the same shall be satisfied, and such interest may be levied under writ of execution on such judgement, order or decree..
Arbitration proceedings are governed by the Arbitration Act No. 11.2 What are the laws or rules governing the different methods of alternative dispute resolution? 2.1 Is there any particular formality with which you must comply before you initiate proceedings? The particulars of charges of the officer employed to effect service shall be submitted to the taxing master of the Court, who shall certify the amount properly payable in respect thereof; (c) The Registrar shall transmit to the consular or other authority making the request a certificate establishing the fact and the date of service in person, or indicating the reason for which it has not been possible to effect it, and, at the same time, shall notify to the said consular or other authority the amount of the charges certified under paragraph (b).. May participants attend hearings remotely when they are physically located outside of the jurisdiction? However, there is an exception in arbitration proceedings where a party can move the High Court for interim relief before filing a statement of case.
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.
The same limitation period of six (6) years also applies to contractual liability. Civil proceedings in Zambia are primarily party driven, save for the Commercial Court, a division of the High Court which is judge driven. Parte (1994) 4 All ER 681, the courts guided parties seeking to issue judicial review proceedings to deliver a letter before action in order to determine that the intended respondent was put on notice. Order X Rule 23 of the High Court Rules provides for service of court process issued by the English court on a person/entity residing in Zambia.
Mediation is court-annexed.
3.3 What are the main elements of the claimants pleadings?
Litigation & Dispute Resolution > Are there any rules that govern civil procedure in your jurisdiction?
Arbitral awards are enforceable, as are judgments.
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? 5.2 Does your civil justice system allow for the consolidation of two sets of proceedings in appropriate circumstances?
Can the defendant bring a counterclaim(s) or defence of set-off?
The judge then issues and monitors the agreed schedule by way of order for directions. The only class of documents that do not require disclosure are public documents, i.e. The reference to mediation by a court is an order, and as such, parties cannot refuse to go for mediation. 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.
Any other civil court practice rules issued after 1999 in England invariably do not apply to Zambia unless they relate to matrimonial causes.
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 (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. Allocation also depends on the case, e.g. 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. Further, Order 10 Rule 8 of the Court of Appeal Act provides that the court at its discretion may at any time order security for costs or further security for costs to be given in an appeal. 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. In 2020, in an effort to reduce the timeframe in which matters are disposed of in the High Court, the Judiciary introduced fundamental reforms which have now drastically reduced the lead time on litigation, through the High Court (Amendment Rules) Statutory Instrument No. 9.4 What are the rules of appeal against a judgment of a civil court of your jurisdiction?
The court will, upon proof of proper service, enter a judgment in default of defence and appearance. 1.7 Are there any constraints to assigning a claim or cause of action in your jurisdiction? The taxing master is a judicial officer who determines the quantum of the costs through a process of taxation of party-to-party costs.
These courts are informal and determine minor disputes by way of a fast-track procedure.
Additionally, a person who is adjudged or certified to be a vexatious litigant equally must seek leave of court before commencing an action. In the High Court, the judge in charge is given powers to allocate cases; the deputy judge in charge allocates the cases in the Commercial Registry, and in the Subordinate Court the Chief Principal Magistrate is in charge of allocation of cases.
The action can be recommenced, but this is subject to payment of costs before a new action can be recommenced. Are there any rules on costs budgeting? This is pursuant to Order XXXII Rule 2 (8) of the High Court Rules, High Court Act, Chapter 27, Volume 3 of the Laws of Zambia, which provides as follows: (8) The Court may receive oral evidence from a source within and outside Zambia via audio visual technology and such evidence shall be recorded in the same manner as if the witness was physically present in Court..
The general rule is that judgments in default are usually set aside to allow for a matter to be heard on its merits.
(1) subject to sub-rule (2) a practitioner shall not, in respect of any claim arising from death or personal injury, either enter into an arrangement for the introduction of clients with or act in association with any person, not being a practitioner whose business is to make, support or prosecute, whether by action or otherwise, and whether by a practitioner or agent or otherwise, any claim arising from death or personal injury and who in the course of such business solicits or receives contingency fees in respect of such a claim.
19 of 2000. The claimants pleadings include a concise narration of the claim accompanied by a detailed statement in the form of either a statement of claim or an affidavit in support of the notice of complaint. Rule 9 of the Rules provides as follows: 9. Eric R. Green, Vice President & Senior Associate General Counsel - Commercialization, Quintiles Transnational Corp. a concise summary of the facts, including the agreed facts and admissions; a concise summary of the issues and the law to be relied on by each party, including the rights and interests of the party; a witness statement, which shall contain all the facts relevant to the claim as the case may be, and make reference to the documents relied upon in the bundle of documents; and. The court will not proceed to set down the matter for hearing until the issue of jurisdiction is determined.
The only restriction is that the amendments should not prejudice or embarrass the other party to the litigation. 9.2 What powers do your local courts have to make rulings on damages/interests/costs of the litigation?
However, aspects of formal qualifications or many years of service are important rather than admissibility of the evidence.
However, the court may request that a party adduce his evidence by way of affidavit. Are there any special rules concerning the disclosure of electronic documents or acceptable practices for conducting e-disclosure, such as predictive coding?
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. Where a question relating to the Constitution arises before any court, the presiding judge may refer the question to the Constitutional Court for determination. Where a court expert is appointed in a cause or matter, any party may, on giving to the other parties before the trial in reasonable time notice of his intention to do so, call one expert witness to give evidence on the question reported. Dentons Eric Silwamba, Jalasi and Linyama Legal Practitioners, Mwape Chileshe The Supreme Court and the Constitutional Court rank pari passu, and it is important to state that the Constitutional Courts jurisdiction is limited to cases arising out of the Constitution. 272 (S.C.), the court held that the principle is that the opinion of a handwriting expert must not be substituted for the judgment of the court.
The Commercial Court, on the other hand, is judge driven.
For example, in Muliango and Another v. Masaga and Another, the learned trial judge found that the defence furnished by the first defendant appeared to be valid and would succeed if sufficiently supported by evidence. The first amendments, if made before the matter is advanced, can be made without leave of court.
5.3 Do you have split trials/bifurcation of proceedings?
The Local Courts are courts that administer customary law, usually restricted to traditional disputes. In Zambia, like many other Commonwealth jurisdictions, the courts power to punish persons who defy or disobey court orders is by way of committed proceedings (contempt of court).
7.5 Are there any restrictions on the use of documents obtained by disclosure in your jurisdiction? For example, a computer database which forms part of the business records of a company is, insofar 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. 11.1 What methods of alternative dispute resolution are available and frequently used in your jurisdiction?
The Zambian courts subscribe to the English law doctrine of freedom of contract. It is imperative to state that the expert evidence is there to aid the court in arriving at its own judgment on the evidence before it, and the court is not bound to follow the experts evidence.
It provides that: (1) Except as otherwise provided by any written law or these Rules, an action in the High Court shall be commenced, in writing or electronically by writ of summons endorsed and accompanied by . Only in post-action interim remedies such as injunctions, and in judicial review proceedings, is grant of leave operating as a stay of a decision of an administrative body available. 1.2 How is the civil court system in your jurisdiction structured? Are time limits treated as a substantive or procedural law issue? As a general rule, hearsay evidence is inadmissible, except under the exceptions under English law such as res gestae, dying declarations, etc.
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.
As earlier stated in section 1, civil proceedings are commenced by a party instituting an action depending on the cause of action and rules of a particular court. (2) A writ of summons which is not accompanied by the documents listed under sub-rule (1) shall not be accepted.. This includes documents protected by legal professional privilege. 19 of 2000, and by virtue of the provisions of Section 8 of the Act. Where necessary, the defendant has a right to challenge the jurisdiction of the court. A notice of appeal must be made within 14 days from the date of the judgment. !Eric R. Green, Vice President & Senior Associate General Counsel - Commercialization, Quintiles Transnational Corp. 2002-2022 Copyright: ICLG.com | Privacy policy | Cookie policy. 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 general rule is that costs follow the event.
According to Order 40 Rule 1 of the High Court Act, costs which include the expenses incurred by either party in any cause or matter, as well as in the enforcement of the decree or order of the court therein, are recoverable. expert reports, if any, and the relevant portions of documents relied on by the parties subject to the applicable rules of the Supreme Court Practice 1999 Edition.
16 of 1997 states that: Every judgement, order of decree of the High Court or of a subordinate court whereby any sum of money, or any costs, charges or expenses, is or are to be payable to any person shall carry interest from time to time of entering such judgement, order, or decree until the same shall be satisfied, and such interest may be levied under writ of execution on such judgement, order or decree..
Arbitration proceedings are governed by the Arbitration Act No. 11.2 What are the laws or rules governing the different methods of alternative dispute resolution? 2.1 Is there any particular formality with which you must comply before you initiate proceedings? The particulars of charges of the officer employed to effect service shall be submitted to the taxing master of the Court, who shall certify the amount properly payable in respect thereof; (c) The Registrar shall transmit to the consular or other authority making the request a certificate establishing the fact and the date of service in person, or indicating the reason for which it has not been possible to effect it, and, at the same time, shall notify to the said consular or other authority the amount of the charges certified under paragraph (b).. May participants attend hearings remotely when they are physically located outside of the jurisdiction? However, there is an exception in arbitration proceedings where a party can move the High Court for interim relief before filing a statement of case. 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.
The same limitation period of six (6) years also applies to contractual liability. Civil proceedings in Zambia are primarily party driven, save for the Commercial Court, a division of the High Court which is judge driven. Parte (1994) 4 All ER 681, the courts guided parties seeking to issue judicial review proceedings to deliver a letter before action in order to determine that the intended respondent was put on notice. Order X Rule 23 of the High Court Rules provides for service of court process issued by the English court on a person/entity residing in Zambia.
Mediation is court-annexed.
3.3 What are the main elements of the claimants pleadings?
Litigation & Dispute Resolution > Are there any rules that govern civil procedure in your jurisdiction?
Arbitral awards are enforceable, as are judgments.
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? 5.2 Does your civil justice system allow for the consolidation of two sets of proceedings in appropriate circumstances?
Can the defendant bring a counterclaim(s) or defence of set-off?
The judge then issues and monitors the agreed schedule by way of order for directions. The only class of documents that do not require disclosure are public documents, i.e. The reference to mediation by a court is an order, and as such, parties cannot refuse to go for mediation. 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.
Any other civil court practice rules issued after 1999 in England invariably do not apply to Zambia unless they relate to matrimonial causes.
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 (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. Allocation also depends on the case, e.g. 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. Further, Order 10 Rule 8 of the Court of Appeal Act provides that the court at its discretion may at any time order security for costs or further security for costs to be given in an appeal. 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. In 2020, in an effort to reduce the timeframe in which matters are disposed of in the High Court, the Judiciary introduced fundamental reforms which have now drastically reduced the lead time on litigation, through the High Court (Amendment Rules) Statutory Instrument No. 9.4 What are the rules of appeal against a judgment of a civil court of your jurisdiction?
The court will, upon proof of proper service, enter a judgment in default of defence and appearance. 1.7 Are there any constraints to assigning a claim or cause of action in your jurisdiction? The taxing master is a judicial officer who determines the quantum of the costs through a process of taxation of party-to-party costs.
These courts are informal and determine minor disputes by way of a fast-track procedure.
Additionally, a person who is adjudged or certified to be a vexatious litigant equally must seek leave of court before commencing an action. In the High Court, the judge in charge is given powers to allocate cases; the deputy judge in charge allocates the cases in the Commercial Registry, and in the Subordinate Court the Chief Principal Magistrate is in charge of allocation of cases.
The action can be recommenced, but this is subject to payment of costs before a new action can be recommenced. Are there any rules on costs budgeting? This is pursuant to Order XXXII Rule 2 (8) of the High Court Rules, High Court Act, Chapter 27, Volume 3 of the Laws of Zambia, which provides as follows: (8) The Court may receive oral evidence from a source within and outside Zambia via audio visual technology and such evidence shall be recorded in the same manner as if the witness was physically present in Court..
The general rule is that judgments in default are usually set aside to allow for a matter to be heard on its merits.
(1) subject to sub-rule (2) a practitioner shall not, in respect of any claim arising from death or personal injury, either enter into an arrangement for the introduction of clients with or act in association with any person, not being a practitioner whose business is to make, support or prosecute, whether by action or otherwise, and whether by a practitioner or agent or otherwise, any claim arising from death or personal injury and who in the course of such business solicits or receives contingency fees in respect of such a claim.
19 of 2000. The claimants pleadings include a concise narration of the claim accompanied by a detailed statement in the form of either a statement of claim or an affidavit in support of the notice of complaint. Rule 9 of the Rules provides as follows: 9. Eric R. Green, Vice President & Senior Associate General Counsel - Commercialization, Quintiles Transnational Corp. a concise summary of the facts, including the agreed facts and admissions; a concise summary of the issues and the law to be relied on by each party, including the rights and interests of the party; a witness statement, which shall contain all the facts relevant to the claim as the case may be, and make reference to the documents relied upon in the bundle of documents; and. The court will not proceed to set down the matter for hearing until the issue of jurisdiction is determined.