Where does the judicial authority of the Republic of Zambia derive from?

From the people of Zambia, and it ought to be exercised in a just manner that promotes accountability to the people.

What are the key principles governing the exercise of judicial authority in Zambia?

Justice without discrimination, no undue delay, adequate compensation where payable, promotion of ADR/traditional mechanisms, minimal regard to technicalities, and protecting constitutional principles.

What are the legal limits restricting traditional dispute resolution mechanisms?

They must not contravene the Bill of Rights, be inconsistent with written law or the Constitution, or be repugnant to natural justice, morality, and equity.

In whom does judicial authority vest under the Zambian Constitution?

In the Courts, which must exercise such authority in accordance with the Constitution and other laws.

What core judicial functions are courts under a duty to perform?

Hearing civil and criminal matters, hearing constitutional matters, and ensuring decisions conform strictly to the Constitution and the law.

Are court proceedings in Zambia required to be held in public?

Yes, proceedings of a court should be in public.

What courts comprise the Zambian court system alongside superior courts?

Subordinate Courts, Small Claims Courts, Local Courts, and any other prescribed courts.

Which courts in Zambia are classified as courts of record?

All courts except the Local Court are courts of record.

What courts constitute the superior courts of Zambia?

The High Court, the Court of Appeal, the Constitutional Court, and the Supreme Court.

What does the functional independence of the Judiciary mean?

In exercising judicial authority, the Judiciary is subject only to the Constitution and the law, free from outside control or direction.

What protections apply to the Judiciary's administration and judicial offices?

Judiciary administration and finance are free from outside control, public officers must uphold its independence, and a judicial office cannot be abolished while occupied by a substantive holder.

What does the financial independence of the Judiciary entail?

It is a self-accounting institution dealing directly with the Ministry of Finance and must be adequately funded each financial year to carry out its functions effectively.

What does the composition of the High Court consist of in Zambia?

The Chief Justice as an ex-officio Judge, and such number of Judges as prescribed.

What does the jurisdiction of the High Court consist of under Article 134 of the Constitution?

Unlimited and original jurisdiction in civil and criminal matters, appellate and supervisory jurisdiction, and jurisdiction to review decisions.

What does "unlimited jurisdiction" mean for the High Court?

Jurisdiction to hear any matter on any point of law, with no cause beyond its competence and authority, and no territorial limits.

Is the High Court's unlimited jurisdiction completely limitless?

No, it is not limitless; the court must adjudicate in accordance with the law and comply with procedural requirements.

What is "original jurisdiction" in the context of the High Court?

It means it is a court of first instance where an action can be commenced or court process filed.

What is the default position for commencing an action in the High Court?

A writ of summons and a full statement of claim, though the mode can be determined by the relevant statute or rule.

What does the High Court's appellate jurisdiction mean?

It means the court sits as an appellate court in certain matters as specified by various statutes.

Where do appeals from the Lands Tribunal go under Section 16 of the Lands Tribunal Act No. 39 of 2010?

To the High Court within 30 days.

How is the supervisory jurisdiction of the High Court exercised over Subordinate Courts?

A puisne judge can review a case stated by a magistrate, and subordinate court decisions can come up under Section 337 of the Criminal Procedure Code or for sentence confirmation under Section 9.

What does the High Court's jurisdiction to review decisions under Article 134(c) relate to?

Reviewing decisions of public or constitutional office bearers whose decisions cannot ordinarily be questioned.

How is practice and procedure in the High Court exercised?

As provided by the High Court Act, CPC, Matrimonial Causes Act 2007, or written laws, and in default, in substantial conformity with the Supreme Court Practice Rules of England up to 31st December 1999.

When can English Practice and Procedure Rules be resorted to in Zambian courts?

Only when there is a lacuna in our own rules and procedures, as held in Isaac Lungu v Mbewe Kalikeka.

What are the divisions of the High Court of Zambia?

High Court General List, Commercial Court, Industrial Relations Court, Family and Children’s Court, and Economic and Financial Crimes Court.

Do all Judges of the High Court share equal power, authority, and jurisdiction?

Yes, all Judges have equal power, authority, and jurisdiction, and any Judge can exercise all or any part of the jurisdiction vested in the Court.

How is the High Court General Division constituted under Article 135 of the Constitution?

By one Judge or such number of Judges as the Chief Justice may determine.

Which constitutional article establishes the General Division's jurisdiction to enforce protective provisions?

Article 28 of the Constitution of Zambia.

What statutory instrument originally introduced the Commercial Court rules into the High Court framework?

Statutory Instrument No. 29 of 1999, which added Order 53 to the High Court Act.

How is a "commercial action" defined for the Commercial Court under Order 53?

Any cause arising out of any transaction relating to commerce, trade, industry, or any action of a business nature.

Where must a commercial action be commenced and filed?

In the commercial list registry.

Which constitutional provision establishes the Family and Children’s Court as a division of the High Court?

Article 133(2) of the Constitution of Zambia.

What exclusive subject matter jurisdiction does the Family and Children’s Court exercise?

Matrimonial causes, Legitimacy Act disputes, probate, adoption, custody, children's rights, and select criminal charges involving children.

Under which statutory instrument was the Economic and Financial Crimes Court (EFCC) formally established?

The Economic and Financial Crimes (Division of Court) Order 2022 (Statutory Instrument No. 5 of 2022).

What is the statutory definition of "corruption" under Section 3 of the Anti-Corruption Act No. 3 of 2012?

Soliciting, accepting, obtaining, giving, promising, or offering gratification as a bribe/inducement, or misuse/abuse of public office for advantage or benefit.

How are "economic and financial crimes" defined under the 2022 Order?

An omission or non-violent unlawful act leading or leading to financial loss or illegal gain in violation of laws governing economic activity.

Which statute and rules govern the practice and procedure of the Industrial Relations Court (IRC)?

The Industrial and Labour Relations Act Cap 269 and the Industrial Relations Court Rules.

What is the standard limitation period for presenting a complaint to the Industrial Relations Court?

Within 90 days of exhausting administrative channels, or within 90 days of the occurrence of the event if no channels exist.

What did the Supreme Court hold in CitiBank Zambia Limited v Suhayl Dudhia regarding the one-year case disposal rule?

It was designed to expedite cases and does not cause courts to lose jurisdiction if a matter takes longer than one year through no fault of the litigants.

Is the Industrial Relations Court bound by standard rules of civil or criminal evidence?

No, its main object is to do substantial justice between the parties before it.

How is time computed when a period is appointed for doing an act and is not limited by hours?

The limited time excludes the starting day, commences the next day, must be completed by the last day, excludes weekends and holidays if under 6 days, and rolls over to the next working day if it expires on a weekend or public holiday.

Can parties enlarge or abridge time limits by consent?

Yes, parties may by consent enlarge or abridge times for taking any step, filing any document, or giving any notice in a suit.

Can the court extend time limits after the original period has already expired?

Yes, the court may extend any such period even if the application for extension is not made until after the expiration of that period.

How can the time for serving, filing, or amending pleadings be extended without a court order?

By consent given in writing between the parties without requiring an order of the Court.

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Superior Courts

Superior Courts Procedure

Question	Answer
Where does the judicial authority of the Republic of Zambia derive from?	From the people of Zambia, and it ought to be exercised in a just manner that promotes accountability to the people.
What are the key principles governing the exercise of judicial authority in Zambia?	Justice without discrimination, no undue delay, adequate compensation where payable, promotion of ADR/traditional mechanisms, minimal regard to technicalities, and protecting constitutional principles.
What are the legal limits restricting traditional dispute resolution mechanisms?	They must not contravene the Bill of Rights, be inconsistent with written law or the Constitution, or be repugnant to natural justice, morality, and equity.
In whom does judicial authority vest under the Zambian Constitution?	In the Courts, which must exercise such authority in accordance with the Constitution and other laws.
What core judicial functions are courts under a duty to perform?	Hearing civil and criminal matters, hearing constitutional matters, and ensuring decisions conform strictly to the Constitution and the law.
Are court proceedings in Zambia required to be held in public?	Yes, proceedings of a court should be in public.
What courts comprise the Zambian court system alongside superior courts?	Subordinate Courts, Small Claims Courts, Local Courts, and any other prescribed courts.
Which courts in Zambia are classified as courts of record?	All courts except the Local Court are courts of record.
What courts constitute the superior courts of Zambia?	The High Court, the Court of Appeal, the Constitutional Court, and the Supreme Court.
What is the hierarchical ranking between the Supreme Court and the Constitutional Court under Article 121?	They rank equivalently.
What does the functional independence of the Judiciary mean?	In exercising judicial authority, the Judiciary is subject only to the Constitution and the law, free from outside control or direction.
What protections apply to the Judiciary's administration and judicial offices?	Judiciary administration and finance are free from outside control, public officers must uphold its independence, and a judicial office cannot be abolished while occupied by a substantive holder.
What does the financial independence of the Judiciary entail?	It is a self-accounting institution dealing directly with the Ministry of Finance and must be adequately funded each financial year to carry out its functions effectively.
What does the composition of the High Court consist of in Zambia?	The Chief Justice as an ex-officio Judge, and such number of Judges as prescribed.
What does the jurisdiction of the High Court consist of under Article 134 of the Constitution?	Unlimited and original jurisdiction in civil and criminal matters, appellate and supervisory jurisdiction, and jurisdiction to review decisions.
What does "unlimited jurisdiction" mean for the High Court?	Jurisdiction to hear any matter on any point of law, with no cause beyond its competence and authority, and no territorial limits.
Is the High Court's unlimited jurisdiction completely limitless?	No, it is not limitless; the court must adjudicate in accordance with the law and comply with procedural requirements.
What is "original jurisdiction" in the context of the High Court?	It means it is a court of first instance where an action can be commenced or court process filed.
What is the default position for commencing an action in the High Court?	A writ of summons and a full statement of claim, though the mode can be determined by the relevant statute or rule.
What does the High Court's appellate jurisdiction mean?	It means the court sits as an appellate court in certain matters as specified by various statutes.
Where do appeals from the Lands Tribunal go under Section 16 of the Lands Tribunal Act No. 39 of 2010?	To the High Court within 30 days.
Under Section 36 of the Rating Act No. 12 of 1997, where do appeals from the Rating Appeals Tribunal go?	To the High Court.
How is the supervisory jurisdiction of the High Court exercised over Subordinate Courts?	A puisne judge can review a case stated by a magistrate, and subordinate court decisions can come up under Section 337 of the Criminal Procedure Code or for sentence confirmation under Section 9.
What does the High Court's jurisdiction to review decisions under Article 134(c) relate to?	Reviewing decisions of public or constitutional office bearers whose decisions cannot ordinarily be questioned.
How is practice and procedure in the High Court exercised?	As provided by the High Court Act, CPC, Matrimonial Causes Act 2007, or written laws, and in default, in substantial conformity with the Supreme Court Practice Rules of England up to 31st December 1999.
Do English Civil Court Practice Rules issued after December 31, 1999 (Green Book) apply in Zambia?	No, they do not apply.
When can English Practice and Procedure Rules be resorted to in Zambian courts?	Only when there is a lacuna in our own rules and procedures, as held in Isaac Lungu v Mbewe Kalikeka.
What are the divisions of the High Court of Zambia?	High Court General List, Commercial Court, Industrial Relations Court, Family and Children’s Court, and Economic and Financial Crimes Court.
Who has the power to constitute specialized courts of the High Court by statutory instrument to hear specific matters?	The Chief Justice.
Do all Judges of the High Court share equal power, authority, and jurisdiction?	Yes, all Judges have equal power, authority, and jurisdiction, and any Judge can exercise all or any part of the jurisdiction vested in the Court.
How is the High Court General Division constituted under Article 135 of the Constitution?	By one Judge or such number of Judges as the Chief Justice may determine.
Who heads the High Court General Division (General List)?	A Judge in Charge.
Which constitutional article establishes the General Division's jurisdiction to enforce protective provisions?	Article 28 of the Constitution of Zambia.
What statutory instrument originally introduced the Commercial Court rules into the High Court framework?	Statutory Instrument No. 29 of 1999, which added Order 53 to the High Court Act.
Where does the Commercial Court currently maintain physical registries in Zambia?	In Lusaka and Kitwe.
How is a "commercial action" defined for the Commercial Court under Order 53?	Any cause arising out of any transaction relating to commerce, trade, industry, or any action of a business nature.
Where must a commercial action be commenced and filed?	In the commercial list registry.
Which constitutional provision establishes the Family and Children’s Court as a division of the High Court?	Article 133(2) of the Constitution of Zambia.
What exclusive subject matter jurisdiction does the Family and Children’s Court exercise?	Matrimonial causes, Legitimacy Act disputes, probate, adoption, custody, children's rights, and select criminal charges involving children.
Under which statutory instrument was the Economic and Financial Crimes Court (EFCC) formally established?	The Economic and Financial Crimes (Division of Court) Order 2022 (Statutory Instrument No. 5 of 2022).
What is the statutory definition of "corruption" under Section 3 of the Anti-Corruption Act No. 3 of 2012?	Soliciting, accepting, obtaining, giving, promising, or offering gratification as a bribe/inducement, or misuse/abuse of public office for advantage or benefit.
How are "economic and financial crimes" defined under the 2022 Order?	An omission or non-violent unlawful act leading or leading to financial loss or illegal gain in violation of laws governing economic activity.
Which statute and rules govern the practice and procedure of the Industrial Relations Court (IRC)?	The Industrial and Labour Relations Act Cap 269 and the Industrial Relations Court Rules.
What is the standard limitation period for presenting a complaint to the Industrial Relations Court?	Within 90 days of exhausting administrative channels, or within 90 days of the occurrence of the event if no channels exist.
What did the Supreme Court hold in CitiBank Zambia Limited v Suhayl Dudhia regarding the one-year case disposal rule?	It was designed to expedite cases and does not cause courts to lose jurisdiction if a matter takes longer than one year through no fault of the litigants.
Is the Industrial Relations Court bound by standard rules of civil or criminal evidence?	No, its main object is to do substantial justice between the parties before it.
Where do appeals from decisions of the Industrial Relations Division of the High Court lie?	To the Court of Appeal.
How is time computed when a period is appointed for doing an act and is not limited by hours?	The limited time excludes the starting day, commences the next day, must be completed by the last day, excludes weekends and holidays if under 6 days, and rolls over to the next working day if it expires on a weekend or public holiday.
Can parties enlarge or abridge time limits by consent?	Yes, parties may by consent enlarge or abridge times for taking any step, filing any document, or giving any notice in a suit.
Can the court extend time limits after the original period has already expired?	Yes, the court may extend any such period even if the application for extension is not made until after the expiration of that period.
How can the time for serving, filing, or amending pleadings be extended without a court order?	By consent given in writing between the parties without requiring an order of the Court.
What requirement applies when there has been no proceeding for one year in a cause or matter?	The party who desires to proceed must give one month’s notice to the other party of their intention to proceed.
During which part of the Christmas vacation may summons issue and pleadings be amended, delivered, or filed?	During the last eleven (11) days of the Christmas vacation.
Is the time of the Christmas vacation reckoned in the computation of time for pleadings?	No, the time of the Christmas vacation is not reckoned in the computation of time for amending, delivering, or filing pleadings unless otherwise directed by a judge.
What are the four vacations observed by the High Court of Zambia?	Easter vacation, Whitsun vacation, Michaelmas vacation, and Christmas vacation.
What are the exact dates for the Michaelmas and Christmas vacations?	Michaelmas commences on 8th August and terminates on 6th September; Christmas commences on 11th December and terminates on 9th January.
What are the dates for the Easter and Whitsun vacations?	Easter commences on Good Friday and terminates on Tuesday; Whitsun commences on the Saturday before Whit Monday and terminates on the Tuesday after Whit Sunday.
When are the Principal and District Registries open to the public during court terms?	Weekdays (Monday to Friday, excluding public holidays) from 9:00 hours until 12:00 hours, and from 14:00 hours to 15:00 hours.
When are the registries open to the public during court vacations?	From 9:00 hours to 12:00 hours on weekdays.
What did the High Court hold in Horizon Properties Limited & Another v Jaquar Overseas Limited regarding court vacations?	Proceedings commenced without leave of the Court during the Christmas vacation were incompetently before the Court and the court declined to entertain the matter.
Why is sending a letter of demand (letter before action) mandatory under the High Court Rules?	It gives the plaintiff an opportunity to state grounds with precision and compels the defendant to answer with sufficient particularity.
What is the default mode of commencing an action in the High Court under Order 6 Rule 1 of the High Court Rules?	A writ of summons endorsed and accompanied by a statement of claim, list of documents, list of witnesses, and a demand letter or affidavit of service.
What did the Supreme Court hold in cases like Chikuta v Chipata Rural Council regarding the choice of commencement modes?	There is no choice between a writ of summons and an originating summons as a matter of personal preference; every action must be commenced by a writ of summons unless specifically provided otherwise.
What address endorsement requirement applies if the plaintiff's or advocate's place of business is more than 10 km from the Registry?	A proper place and postal address not more than 10 km from the Registry must be provided (Leopald Walford v Unifreight).
What is the standard validity duration of a writ of summons under Order 9 Rule 1, and how can it be extended?	It is in force for 12 months, and can be renewed with leave of court for 6 months if reasonable efforts to serve or good reasons are shown.
What is a concurrent writ under Order 8 Rule 1?	A duplicate writ issued within 12 months of the original, bearing the same date, marked "concurrent," and valid only during the life of the original writ.
When is an originating summons considered the appropriate mode of commencement?	When matters can be disposed of in chambers, there is unlikely to be a substantial dispute of fact, or the sole question is the construction of an Act, contract, deed, or will.
How is evidence given in proceedings commenced by originating summons?	By affidavit evidence (Order 7 Rule 2 RSC).
What did the Supreme Court hold in Rural Development Corporation Ltd v Bank of Credit and Commerce regarding caveats?	An originating summons is the proper form for commencing proceedings for the removal of a caveat under the Lands and Deeds Registry Act.
What is Order 113 of the RSC used for regarding originating summons?	For claiming possession of land alleged to be occupied by persons not being tenants, such as squatters.
What did the Supreme Court hold in New Plast Industries Limited v Commissioner of Lands regarding the mode of commencement?	The mode of commencement of an action is determined or provided by the relevant statute.
What are examples of matters commenced by originating notice of motion?	Committal for contempt of court, judicial review under Order 53 RSC, and applications under the Landlord and Tenant (Business Premises) Act Cap 193.
What is a petition, and how does it differ from a summons or motion?	A petition is a formal written application to the court used only when required or authorized by rules or statute, and is heard in open court.
What governs petitions filed under Article 28 of the Constitution for enforcement of fundamental rights?	The Protection of Fundamental Rights Rules of 1969, which provide for filing a petition along with an affidavit verifying the petition.
What documents must accompany a presidential election petition in the Constitutional Court?	A petition accompanied by an affidavit verifying facts pursuant to Order 4 Rule 3 of the Constitutional Court Rules 2016.
Do parliamentary election petitions under Section 100 of the Electoral Process Act No. 35 of 2016 require an affidavit verifying the petition?	No, the Election Petition Rules and Act provide for filing and signing a petition but do not require an affidavit verifying the petition.
Are affidavits required for divorce petitions under Section 8 of the Matrimonial Causes Act No. 20 of 2007?	No affidavit is required for divorce petitions.
What documents must accompany a winding-up petition under the Companies (Winding Up) Rules 2004?	A petition accompanied by an affidavit verifying facts whenever moving the High Court to wind up a company under the Corporate Insolvency Act.
Who can effect personal service of a petition, notice, summons, or other document requiring service?	Any person.
What must a person serving an originating process do to prove service under Order 12?	Request the party served to acknowledge receipt by signing the process or endorse any refusal to sign on it.
How can non-personal service documents be sufficiently served under Order 10 Rule 2?	By leaving them at the address for service with a resident or person belonging there, or posting via prepaid registered envelope.
How is personal service completely effected under Order 10 Rule 6 of the High Court Rules?	By delivering a duplicate or attested copy of the document directly to the person to be served, without needing to exhibit the original.
When can substituted service be ordered under Order 10 Rule 3 of the High Court Rules?	When personal service is required but prompt personal service cannot be effected, upon an application supported by an affidavit setting out the grounds.
How must documents be served on the State or Government Department in civil proceedings?	On the officer of the Attorney-General’s Chambers having conduct of the proceedings, or on the private legal practitioner acting for the State.
How is service effected when partners are sued in the name of their firm?	By serving any one or more partners, or any person having control or management of the partnership business at its principal place within the jurisdiction.
How is service effected on a prisoner?	By delivering the writ to the officer in charge of the prison, who shall cause it to be served on the prisoner.
What are the days on which service in a civil cause cannot be effected (dies non)?	Sunday, Good Friday, or Christmas Day.
What is the evidentiary status of a Certificate of Service signed by a bailiff or court officer?	It serves as prima facie evidence of service upon production.
Within what timeframe must a person serving a writ of summons endorse the date of service?	Within 3 days at most after service, alongside preparing an affidavit of service.
What information must be included in the affidavit supporting an ex parte application for service out of the jurisdiction under Order 10 Rule 16?	The grounds/facts bringing the case within allowable classes, belief of a good cause of action, defendant's residence or whereabouts, and whether the defendant is a citizen of Zambia.
What are the correct chronological steps to take when issuing a writ for service out of the jurisdiction?	First, prepare the writ; second, apply to the court for leave with the writ attached; and third, issue the writ only after obtaining the court's leave.
What must a defendant deliver to enter an appearance to a writ of summons under the High Court Rules?	Sufficient copies of the memorandum of appearance, defence and counterclaim (if any), list of documents to be relied on at trial, and list of witnesses to be called.
What are the duties of the proper officer upon receiving the memorandum of appearance and defence?	To seal the memorandum and defence, stamp the accompanying documents with the official stamp, and return copies to the person filing them for service on the plaintiff.
Can the court accept an appearance after the entry of judgment in default of appearance?	No, unless the judgment in default of appearance is first set aside.
How should multiple defendants appearing by the same advocate enter their appearance?	The names of all the defendants appearing together ought to be inserted in one memorandum.
What address endorsement is required for a defendant's advocate in the memorandum of appearance?	Their place of business and postal address; if either is more than 10 km from the Registry, a proper address not more than 10 km from the Registry must be provided as the address for service.
What can the court do if the memorandum of appearance contains a fictitious address or lacks the required address?	It may be set aside by the court on application by the plaintiff under Order 10 Rule 6 of the High Court Rules.
What is the time limit for entering an appearance when a writ is to be served at a place less than 100 kilometers from the issuing Registry?	14 days, pursuant to Practice Direction No. 4 of 1977.
What are the appearance timeframes under Practice Direction No. 4 of 1977 for distances of 100 km to under 500 km, over 500 km, and service out of jurisdiction?	100 to under 500 km: 21 days; Over 500 km: 30 days; Service out of jurisdiction under Order 10 Rule 15: 42 days.
Can the Registrar or District Registrar extend the prescribed appearance periods?	Yes, for good cause shown where particular hardship is likely to be caused to a defendant by strict adherence.
How must persons sued as partners in the name of a firm enter appearance?	They shall appear individually in their own names, though all subsequent proceedings continue in the name of the firm.
When may a party served with an originating summons enter an appearance?	At any time before the hearing of the summons.
What is the effect if a party appears to an originating summons after the time limited?	They shall not be entitled to any further time for any purpose unless the Court or a Judge orders otherwise.
What action can a defendant take before entering an appearance regarding the service of the writ?	They may take out a summons or serve notice of motion to set aside service or discharge the order authorizing service under Order 11 Rule 21, without entering a conditional appearance.
What is the legal effect of a failure to comply with the requirements of court rules regarding time, place, manner, form, or content?	It is treated as an irregularity and should not nullify the proceedings, any step taken, or any document, judgment, or order therein.
What powers does the court have when there is a failure to comply with court rules?	The court may set aside the proceedings, steps, documents, or orders wholly or in part, or exercise its powers to allow amendments and make appropriate orders.
Can the court wholly set aside proceedings or a writ solely because they were begun by the wrong originating process?	No, the court shall not wholly set aside any proceedings or originating process on the ground that they were required to be begun by an originating process other than the one employed.
What are the requirements for making an application to set aside proceedings for irregularity?	It must be made within a reasonable time, before taking any fresh step after becoming aware of the irregularity, and by summons or motion stating the grounds.
What is the legal consequence if a party takes a fresh step with knowledge of an irregularity, such as defending on the merits?	It waives the irregularity in the institution or service of proceedings, as those steps can only be taken on the basis that the proceedings are valid.
What did the Supreme Court hold in NFC Africa Mining Plc v Techno Zambia Limited regarding the observance of court rules?	Rules of the court are intended to assist in the proper and orderly administration of justice and must be strictly followed.
What did the Supreme Court state in Twampane Mining Co-Operative Society Limited v E and M Storti Mining Limited about ignoring rules?	Those who choose to ignore rules of court will do so at their own peril, as adherence ensures matters are heard in an orderly and expeditious manner.
What did the Supreme Court emphasize in Philip Mutantika & Mulyata v Kenneth Chipungu regarding non-compliance with court rules?	Parties must strictly adhere to the rules of court, and failure to comply can be fatal to a party's case.
What are the three principal ways in which a judgment in default may be entered?	Failure to enter appearance and file a defence, default of pleadings, and failure by the defendant to appear at trial.
What does Order 12 Rule 8 of the High Court Rules provide for?	Proceeding to trial and eventual entry of judgment in default of appearance and defence.
Can a default judgment be entered against the State without the leave of the court?	No, no default judgment can be entered against the State without the leave of the court.
What happens if a plaintiff fails to deliver a defence to a counter-claim within the time allowed?	The defendant may, at the expiration of such time, enter final judgment or interlocutory judgment as the case may be.
How do probate actions proceed if the defendant defaults in entering appearance and filing a defence?	The action may proceed to trial notwithstanding the default.
If the plaintiff appears at trial but the defendant fails to appear or excuse absence, what may the court do upon proof of service?	Proceed to hear the case and give judgment on the evidence adduced by the plaintiff.
What are the two primary types of default judgments based on the claim?	One for a liquidated sum, and the other for an unliquidated sum (pecuniary damages).
What judgment may a plaintiff enter when a writ is endorsed for a liquidated demand and the defendant fails to appear?	Final judgment for any sum not exceeding the sum endorsed on the writ, together with interest and costs, upon filing an affidavit or certificate of due service.
What judgment may a plaintiff enter when a writ is endorsed with a claim for pecuniary damages and the defendant fails to appear?	Interlocutory judgment, after which a notice of assessment issues to assess the value of goods and/or damages.
What judgment may be signed if a claim is endorsed for possession of a chattel and the defendant fails to appear?	The plaintiff may sign final judgment against the defendant for possession of the chattel.
Does the entry of a default judgment involve consideration of the merits of the claim by the court?	No, but it binds the defendant just as much as a contested judgment, though it does not give rise to an estoppel per rem judicatum.
Within what timeframe must a defendant served with a writ and statement of claim make a response?	14 days from the effective date of service (a defendant cannot be in default until these 14 days have elapsed).
How does the court handle claims against multiple defendants when one defaults?	If the claim against the defaulting defendant can be dealt with separately, default judgment can be entered while proceedings continue against the rest; otherwise, it must be dealt with alongside the others.
What is the rule when a claim is brought against principal and agent in the alternative on mutually inconsistent allegations?	Once a plaintiff enters judgment against one defendant, they have elected their remedy and are barred from proceeding against the other alternative defendant (unlike jointly liable defendants).
Under which High Court Rule may any judgment by default be set aside?	Order 20 Rule 3 of the High Court Rules, which is broader than Order 12 Rule 2.
What are the general principles and considerations for setting aside a default judgment (Stanley Mwambazi v Morester Farms, Water Wells v Jackson)?	Explanation for delay is considered, but the primary consideration is whether there is a defence with a real prospect of success at trial (defence on the merits is paramount), along with prejudice to the plaintiff.
What happens if neither party appears when a civil cause is called on the cause list?	The court shall, unless it sees good reason to the contrary, strike the cause out of the cause list.
What occurs if a plaintiff fails to appear at trial while a defendant with a counter-claim appears?	The court may, upon proof of service of notice, proceed to hear the counter-claim and give judgment on the evidence adduced by the defendant.
Within what time must a party apply to restore a matter struck out for non-attendance?	Within thirty days from the date the application was struck out, failing which it stands dismissed.
Under which rule may a judgment obtained in the absence of a party be set aside?	Order 35 Rule 5 of the High Court Rules, upon sufficient cause shown.
What distinguishes setting aside a trial judgment obtained in a party's absence (Aminita Milling v Nkhosi Breweries) from setting aside a default judgment?	The dominant consideration is the reason for absence (whether deliberate or due to accident/mistake) rather than solely whether there is a defence on the merits, alongside re-trial prospects, delay, conduct, and litigation prejudice.
Can a person under disability (such as a minor or a person with a mental disorder) directly bring or defend legal proceedings?	No, a person under disability may only bring or make a claim through a next friend, and acknowledge service, defend, or counterclaim through a guardian ad litem.
Must a next friend or guardian ad litem of a person under disability act by a solicitor?	Yes, under Order 80 Rule 2(iii) of the RSC, a next friend or guardian ad litem must act by a solicitor.
What order may a court or judge make under Order 16 of the High Court Rules when a change or transmission of interest occurs or a party dies?	An order requisite for curing the defect, or enabling or compelling proper parties to carry on the proceedings.
What may the court do if a sole plaintiff dies and no application is made by their legal representative to be substituted?	The court or judge may make an order that the suit shall abate.
What capacities does a company possess under Section 22 of the Companies Act No. 10 of 2017?	Perpetual succession, a common seal, and the capacity of suing and being sued in its corporate name.
Can a body corporate begin or carry on proceedings without a legal practitioner?	No, under Order 5 Rule 6 of the RSC, a body corporate may not begin or carry on proceedings otherwise than by a solicitor (except as expressly provided by enactment).
What did the court hold in Magnum (Zambia) Limited v Basit Quadri regarding a company under receivership?	A company under receivership has no locus standi independent of its receiver; only the receiver can sue or defend in the name of the company.
In what exceptional circumstances may directors use the name of a company under receivership to litigate (Avalon Motors v Gadsden Motor City)?	When the receiver is a wrongdoer (breach of fiduciary duty/gross negligence), when litigating the validity of the security, or when vital interests are at risk and the receiver neglects or declines to act.
How must an action by or against persons carrying on business as partners be instituted?	In the name of the firm (e.g., "A.B. (a firm)"), though partners can also be sued individually.
Can an unincorporated body (such as a club registered under the Societies Act) sue or be sued in its own name?	No, an unincorporated body is not a legal entity and must sue or be sued in the name of a representative (such as an office bearer).
What are the core requirements for instituting a representative action under Order 14 HCR and Order 15 Rule 12 RSC?	Numerous persons (more than 5) must have the same interest, rights, liability, and defences, and the class of persons must be defined in the writ with sufficient clearness and precision.
How must civil proceedings by or against the State be instituted under Section 12 of the State Proceedings Act Cap 71?	By or against the Attorney General.
What are third party proceedings?	Proceedings brought in the course of an action by a party to that action against a person who is not already a party.
What are the primary objects of third party procedure?	To prevent multiplicity of actions and save costs, have the third party bound by the decision, and have questions decided promptly without waiting for the plaintiff to enforce judgment.
Do third party proceedings survive if the main action is settled or compromised?	Yes, third party proceedings are separate and independent and will survive for separate disposal even if the main action is settled, compromised, or stayed.
In what circumstances is third party procedure available to a defendant who has given notice to defend?	When claiming contribution or indemnity, claiming relief/remedy substantially the same as the plaintiff's claim, or requiring questions/issues relating to the original subject-matter to be determined against a non-party.
When can a defendant issue and serve a third party notice without the leave of the court?	In any action begun by writ of summons, provided the defendant does so before serving their own defence on the plaintiff.
When is the leave of the court required to issue a third party notice?	When the defendant has already served their defence, when the notice is for service on the State, when serving out of the jurisdiction, or when the action is begun by originating summons.
How is an application for leave to issue a third party notice made?	Ex-parte to a Judge without notice to the plaintiff, supported by an affidavit detailing the nature of the claim, stage of proceedings, facts, and the name and address of the third party.
For limitation purposes, when is a new claim by way of third party proceedings deemed to have commenced?	On the date the third party notice is sealed by an officer of the Court, regardless of when leave to issue was sought or given.
What does Order 14 of the High Court Rules provide regarding non-joinder and misjoinder?	It provides that no suit shall be defeated by reason of the non-joinder or misjoinder of parties, and allows the court to direct new parties to be added or improperly joined parties to be struck out.
What did the Supreme Court hold in The Attorney-General v Tall and Zambia Airways regarding the timing of joinder?	The words "at or before the hearing of a suit" mean before the delivery of judgment, meaning a court can validly join a party even after the close of cases before judgment is delivered.
What did the Supreme Court hold in Stanbic Bank v Micoquip Zambia Ltd regarding joinder when proceedings have concluded?	Where there is no appeal or application for review, there is no basis for joining a party to proceedings that are at an end.
How is the procedural gap in Zambian law regarding joinder addressed according to Hotelier Limited v Finsbury Investments?	Order 14 Rule 5 of the High Court Rules must be read together with Order 15 Rule 6 of the Rules of the Supreme Court of England (RSC).
What must an application by a person to be added as a party under RSC Order 15 Rule 6 be supported by?	An affidavit showing their interest in the matters in dispute, or the question/issue to be determined as between them and any party.
How must civil proceedings by or against the State be instituted under Section 12 of the State Proceedings Act Cap 71?	By or against the Attorney General.
What is a pleading in civil procedure?	A formal statement of the cause of action or defence.
Which documents constitute the "pleadings" in an action?	The statement of claim, the defence, and the reply.
Are originating summonses, affidavits, petitions, or summonses considered pleadings?	No, the term "pleading" does not include petitions, originating summonses, affidavits, or summonses.
What are the key formal requirements for a pleading under Order 18 Rule 6?	It must bear the action year/number, title, court division, description, be divided into numbered paragraphs, express dates/sums in figures, and be signed and endorsed by counsel or the party.
What is the fundamental rule regarding facts and evidence in pleadings?	Every pleading must contain material facts in summary form, but not the evidence by which those facts are to be proved.
How are "material facts" defined in pleading practice?	All facts that must be proved in order to establish the ground of claim or defence (matters essential or significant to the issue at hand).
What did the Supreme Court hold in Mazoka and Others v Mwanawasa and Others regarding the function of pleadings?	To give fair notice of shui case to be met, define the issues for adjudication, and bind the parties once pleadings are closed.
Is it permissible to plead law in a pleading?	No; pleading law is not permitted as it complicates the pleading, but raising a point of law on the facts as pleaded is permitted and frequently necessary.
What specific matters must be accompanied by particulars under Order 18 Rule 12?	Misrepresentation, fraud, breach of trust, willful default, undue influence, conditions of mind (except knowledge), and facts relied on in mitigation of damages.
What are the primary functions of particulars in pleadings?	To inform the opponent of the case to meet, prevent surprise, enable trial preparation, limit generality, define issues for trial, and tie a party's hands so they cannot go outside them without leave.
What matters must be specifically pleaded in any pleading subsequent to a statement of claim under Order 18 Rule 8?	Performance, release, the expiry of a limitation period, fraud, illegality, or any matter raising issues of fact not arising out of the preceding pleading.
What does the pleading doctrine of "confess and avoid" mean?	A party admits (confesses) an allegation's factual basis but pleads affirmative facts or law (avoids) to destroy its legal effect or liability.
Can a defendant plead multiple inconsistent defences in a defence?	Yes, a defendant may raise by defence, without leave, as many distinct, separate, and inconsistent defences as deemed proper, provided they are clearly and separately stated.
How must factual allegations in a statement of claim be traversed in a defence under Order 18 Rule 13?	Every allegation of fact not admitted must be specifically traversed by denial or non-admission; general denials or general statements of non-admission are insufficient.
What is the legal operation of a joinder of issue?	It operates as a denial of every material allegation of fact made in the preceding pleading on which there is an implied or express joinder of issue (unless expressly admitted).
What are the mandatory requirements for relying on a defence of tender before action?	The defendant must plead the tender, pay the exact amount into court with the defence, and give notice of the payment in to the plaintiff (applicable only to liquidated claims).
What is a set-off in civil procedure?	A monetary cross-claim which also serves as a defence to the whole or part of the plaintiff's claim, arising between the same parties in the same right.
How is a counterclaim treated for limitation and commencement purposes under Zambian civil procedure?	It is deemed to be a separate action and to have been commenced on the same date as the original action (Maheshkumar Somabhai Patel v Freeze-o-Matic Limited).
What rules govern a counterclaim and a defence to counterclaim?	A counterclaim is governed by the same pleading rules as a statement of claim (stated in numbered paragraphs under a separate heading), and a defence to counterclaim by the same rules as a defence.
When are pleadings in an action deemed to be closed under Order 19?	At the expiration of 14 days after service of the reply or defence to counterclaim, or if neither is served, 14 days after service of the defence.
On what grounds may the court order a pleading or indorsement to be struck out under Order 18 Rule 19 of the RSC?	If it discloses no reasonable cause of action or defence, is scandalous, frivolous, or vexatious, may prejudice, embarrass, or delay a fair trial, or is otherwise an abuse of court process.
Is evidence admissible on an application to strike out a pleading solely on the ground that it discloses no reasonable cause of action or defence?	No evidence (no affidavits or oral testimony) is admissible under Order 18 Rule 19(1)(a) when the sole ground is that the pleading discloses no reasonable cause of action or defence.
What constitutes a "reasonable cause of action" under Order 18 Rule 19?	A cause of action with some chance of success when only the allegations in the pleading are considered, alleging a factual situation containing acts upon which liability or entitlement to judgment can attach (Wise v Harvey).
What is the proper remedy if a pleading is defective solely because it lacks necessary particulars?	An application should be made for further and better particulars, not for an order to strike out the pleading under Order 18 Rule 19.
What makes a pleading "scandalous" under civil procedure rules?	If unnecessary matter is raised containing an imputation on an opponent or charging misconduct or bad faith which is irrelevant to the issues.
How does the court treat the re-litigation of issues or matters that could have been raised earlier?	It is an abuse of the process of the court and contrary to justice and public policy to re-litigate issues (such as fraud) or questions already decided, or to raise matters that could and should have been litigated in earlier proceedings.
Does the court possess powers to deal with frivolous or abusive proceedings apart from specific rules?	Yes, apart from all rules and orders, the court has a wide inherent jurisdiction to stay, dismiss, or strike out proceedings that are obviously frivolous, vexatious, or an abuse of its process.
When may a plaintiff amend a writ without the leave of the court under Order 20 Rule 1 of the RSC?	Once at any time before the pleadings in the action are deemed to be closed.
What types of amendments to a writ require the leave of the court?	Adding, omitting, or substituting a party, altering party capacity, adding or substituting a new cause of action, or amending an indorsed statement of claim (unless amended before service).
How many times can a writ be amended without leave before service?	Once; any further amendment requires leave of the court via an application to the Deputy Registrar.
When may a party amend any pleading (such as a statement of claim or defence) without leave of the court?	Once at any time before the pleadings are deemed to be closed, irrespective of the nature of the claim or type of amendment.
From what date does an amendment (made with or without leave) take effect?	It takes effect not from the date the amendment is made, but dates back to the date of the original document being amended.
How must an application to amend pleadings or documents be made before, during, or after trial?	Before trial by summons before a Judge; during trial by the trial Judge; after trial if possible by the Judge who tried the action.
What is the standard color-coding practice for successive amendments under Practice Direction No. 20?	First amendment in red, second or re-amendment in green, third in violet, and fourth in yellow.
What are the cardinal guiding principles for granting leave to amend a pleading (Cropper v Smith, Tildesley v Harper)?	Amendments should be allowed to determine the real question in controversy or correct errors, provided the applicant is not acting mala fide and any prejudice to the opponent can be compensated by costs.
What did the Supreme Court hold in Investrust Bank Plc v Chick Masters Limited regarding late amendments?	As a general rule, however late the amendment is sought, it should be allowed if it will not do the opponent injury or prejudice that cannot be compensated by costs.
Can originating processes other than writs (such as originating summonses, petitions, and notices of originating motion) be amended?	Yes, under Order 20 Rule 8 RSC, the court may grant leave to amend them as if they were a writ.
How may errors arising from an accidental slip or omission in a judgment or order be corrected?	By the court on motion or summons at any time without resort to an appeal, in order to bring the record into harmony with the judge's manifest intention.
What is an affidavit?	A written sworn statement signed by a person (the deponent) used as evidence of matters deposed to, serving as the normal method of proof in interlocutory hearings.
May affidavits in interlocutory proceedings contain statements of information and belief?	Yes, provided they state the sources and grounds of that belief.
How must every affidavit sworn in a cause or matter be entitled?	It must be headed/entitled in that cause or matter with the correct court division and case number.
What are the formatting requirements for the text and pages of an affidavit?	It must be bound in book form, and the printed, written, or typed sides of the paper must be numbered consecutively.
How must paragraphs, dates, and numbers be expressed in an affidavit?	Divided into consecutively numbered paragraphs (each confined to a distinct portion), with dates, sums, and numbers expressed in figures and NOT in words.
What is the strict rule regarding extraneous matters in an affidavit?	An affidavit shall not contain extraneous matter by way of objection, prayer, legal argument, or conclusion.
How must an affidavit be handled when the deponent is illiterate or blind?	The jurat must state that the fact was known, that the affidavit was read over (or translated) to the deponent, and that the deponent understood it and made their signature or mark.
Can a law firm commission an affidavit on behalf of their client?	No, under Order 5 Rule 13 of the High Court Rules, a law firm cannot commission an affidavit for their own client or firm member.
Can the court permit a defective affidavit to be used?	Yes, the court or judge has the discretion to permit a defective affidavit to be used if satisfied it was sworn before a duly authorized person, or by granting leave to cure irregularities or amend and re-swear it.
When a deponent deposes to matters based on information and belief from another person, what must be disclosed?	The name of the informant, reasonable particulars respecting them, and the time, place, and circumstances of the information.
How must documents used in conjunction with an affidavit be presented?	They must be exhibited (not annexed) and identified by a certificate of the person before whom the affidavit is sworn, marked with initials and numbers (e.g., CNP1).
How must handwritten documents (other than accounts) be exhibited?	There must also be exhibited a typewritten or printed copy certified in the affidavit to be a true and correct copy of the original.
How can a plaintiff discontinue a suit or withdraw a claim without leave of the court under Order 17 Rule 1 of the High Court Rules?	By giving notice in writing of the discontinuance or withdrawal to the Registrar and to every defendant concerned before the date fixed for the hearing.
What are a defendant's rights regarding costs after receiving a notice of discontinuance without leave?	They are not entitled to any further costs with respect to the discontinued matter beyond those incurred up to the receipt of the notice, unless the court orders otherwise, and may apply ex parte for an order.
Does the discontinuance or withdrawal of a suit act as a bar or defence to a subsequent suit?	No, discontinuance or withdrawal shall not be a defence to any subsequent suit for the same or substantially the same cause of action (Order 17(1) HCR and Order 21 Rule 4 RSC).
When is the leave of the court required to discontinue a suit or withdraw a claim under the High Court Rules?	When the discontinuance or withdrawal is desired after the date fixed for the hearing, or in any other case where court discretion is needed on terms as to costs and subsequent suits.
How must an application for leave to discontinue or withdraw an action be made?	By summons or motion accompanied by an affidavit in support.
What is the time limit for a plaintiff to discontinue an action begun by originating summons without leave under RSC Order 21 Rule 34?	At any time not later than 14 days after service on him of the defendant's affidavit evidence (or evidence last served if there are multiple defendants), by serving a notice to that effect.
What power does the court have under Order 17(2) of the High Court Rules if a subsequent suit is brought before paying costs of a discontinued suit?	The court or judge may order a stay of such subsequent suit until the costs of the previous discontinued proceeding have been paid (Thames Investment and Securities plc v Benjamin; Morton v Palmer).
Can a party withdraw a summons in a cause or matter without leave under RSC Order 21 Rule 6?	No, a party may not withdraw a summons without the leave of the court; if unserved or consented to by the other party, leave may be obtained ex-parte from the Practice Master, but if consent is refused, leave must be sought at the hearing.
What is the primary purpose of ordering parties to exchange witness statements under Order 38 Rule 2A RSC?	To ensure the fair and expeditious disposal of proceedings, save costs, eliminate surprise, and identify the real issues.
At what stage of proceedings are parties typically directed to exchange witness statements?	At the scheduling conference called pursuant to Order 19 Rule 2 of the High Court Rules (or Order 53 for Commercial Division matters).
What formal and content requirements must a served witness statement satisfy?	It must be dated, signed by the intended witness (unless good reason is shown), include a statement that contents are true to the best of knowledge and belief, identify any documents referred to, and be in a clear narrative form.
Can another party put a witness statement in evidence if the serving party decides not to call that witness?	No, if a party serving a witness statement does not call the witness to whose evidence it relates, no other party may put the statement in evidence at trial.
Can a party adduce oral evidence from a witness whose substance is not included in the served witness statement?	Not without the consent of the other parties or the leave of the court, except for matters arising since service or where directions specified statements on only some issues.
Can a witness statement or any part of it be used during cross-examination?	Yes, any party may put the statement or any part of it in cross-examination of that witness, whether or not it was referred to during evidence-in-chief.
May a witness statement contain hearsay or inadmissible evidence?	No, a witness statement must contain only material facts within the witness's own knowledge and must not contain hearsay or inadmissible evidence.
At what stage is an objection to the admissibility of all or part of a witness statement normally raised and heard?	Normally after the witness has produced their statement and sworn or affirmed to its truth at the trial.
Under what rule and mechanism can a witness statement be amended?	Because a served witness statement constitutes a "document" in the proceedings, it falls under the court's amending powers pursuant to Order 20 Rule 8(1) of the RSC.
What is the primary purpose of the rules regarding admissions in civil procedure?	To give parties an opportunity to admit matters they do not dispute, doing away with the necessity of adducing evidence and ensuring controversies are determined at minimal cost.
How may a party give notice of an admission under Order 21 Rule 6 of the High Court Rules?	By their pleading or otherwise in writing, admitting the truth of the whole or any part of the case of any other party.
What can another party do when admissions of fact or part of a case are made by a party?	They may apply to the court (by motion or summons) for such judgment or order as they are entitled to upon those admissions, without waiting for the determination of other questions.
When will the court enter a judgment by consent?	When the plaintiff and defendant agree as to the terms and conditions on which judgment shall be entered, unless the court sees good reason to the contrary.
What is the court's power regarding the settlement of issues under Order 22 of the High Court Rules?	The court or judge may ascertain material questions in controversy, reduce them into writing, settle them in the form of issues, and amend or frame additional issues at any time before the decision of the case.
How was the term "admission" defined by the High Court in Muyuni Estate Limited v MPH Chartered Accountants?	An acknowledgment, acceptance, concession, disclosure, or divulgence.
What is a party deemed to admit when served with a list of documents under Order 27 Rule 4 of the RSC?	That any document described as an original is such and was executed as it purports to be, and that any document described as a copy is a true copy (unless denied in pleadings).
Within what timeframe must a party serve a notice of non-admission after inspecting a list of documents if they require proof of authenticity at trial?	Before the expiration of 21 days after inspection of the documents or after the time limited for inspection expires, whichever is later.
What is the consequence if a party fails to give notice of non-admission after receiving a notice to admit the authenticity of documents under Order 27 Rule 5 RSC?	They shall be deemed to have admitted the authenticity of that document unless the court otherwise orders.
What are the legal provisions governing security for costs in Zambian civil procedure?	Order 40 Rule 7 of the High Court Rules and Order 23 Rule 1 of the Rules of the Supreme Court (RSC).
What preliminary step should a defendant take before applying for security for costs?	Send a written request to the plaintiff asking them to give security in a reasonable sum.
What are the four primary statutory grounds under Order 23 Rule 1 RSC for ordering security for costs?	Out-of-jurisdiction plaintiff; nominal plaintiff suing for another's benefit and unable to pay costs; address omitted/incorrect in originating process; or changed address during proceedings to evade litigation."
When will the court refuse to order security for costs despite an incorrect or unstated address on the originating process?	If the plaintiff satisfies the court that the failure or mis-statement of the address was made innocently and without intention to deceive (Order 23 Rule 1(3) RSC).
What did the Supreme Court hold in Isaac Lungu v Mbewe Kalileka regarding the amount of security for costs?	The court must award only "sufficient security" that is reasonable in all circumstances, ensuring the amount does not undermine access to justice or include the actual amount claimed.
According to Glocom Marketing Limited v Contract Haulage and Rosemol General Suppliers, what discretionary factors does the court consider when deciding an application for security for costs?	Plaintiff's bona fides and prospects of success, defendant admissions, payments into court, whether the application is used oppressively to stifle a genuine claim, whether want of means was caused by defendant's conduct, and lateness of the application.
What effect does the timing of an application have on an order for security for costs?	Applications must be made at an early stage in the proceedings, as lateness itself may be a reason for refusing an order.
What is discovery of documents in civil procedure?	A process designed to enable parties to obtain full knowledge of the existence and contents of all relevant documents relating to matters in question between them before trial.
What are the threefold objects of discovery?	1) To enable each party to adduce relevant documentary material to support or rebut their case; 2) To prevent surprise at trial regarding documentary evidence; 3) To reduce the costs of litigation.
Can discovery of documents be obtained against a stranger (non-party) to the action?	No, as a general rule discovery cannot be obtained against a stranger, nor is it proper to join a stranger merely for the purpose of discovery.
To what documents is a party's duty of disclosure limited?	To documents which are or have been in his possession, custody, or power.
When is a party regarded as having a document in his control for discovery purposes?	When the document is or was in his physical possession, he has or had a right to possession of it, or he has or had a right to inspect or take copies of it.
What does the term "document" include for the purpose of discovery?	Anything in which information of any description is recorded or stored, including paper writings, tape recordings, video films, computer databases, flash drives, CDs, and electronic storage devices.
What is the responsibility of a legal practitioner regarding discovery?	To ensure the client understands the continuing duty of disclosure (including adverse documents) and the importance of preserving and not destroying disclosable documents as soon as litigation is contemplated.
Is the obligation to make full disclosure a one-time occurrence?	No, the obligation is a continuing one and includes documents that come into a party's possession at any stage until the proceedings are concluded.
What is the structure of a list of documents?	It enumerates documents sufficiently for identification and contains two schedules: Schedule I (Part I for non-privileged documents; Part II for privileged documents) and Schedule II (documents previously in possession, custody, or power).
What are the primary classes of documents privileged from production?	1) Documents protected by legal professional privilege; 2) Documents tending to criminate or expose the producing party to a penalty; 3) Documents privileged on the ground of public policy.
What is required when applying for discovery of specific (particular) documents under Order 24 Rule 7 RSC?	An application supported by an affidavit stating the deponent's belief that the opposing party has or had the specified document or class of documents in their possession, custody, or power and that it relates to matters in question.
Within what timeframe must a party allow inspection after serving a list of documents?	Within a time starting within seven days after service of the list at a specified place.
Can a non-party to the proceedings be permitted to inspect a party's documents on discovery?	Yes, under Davies v Eli Lilly & Co., a party may appoint a non-advisor non-party to inspect documents if their assistance is essential in the interests of justice and there is no breach of confidentiality.
What are the rules regarding copies of documents requested during inspection?	The requesting party must serve a notice containing an undertaking to pay reasonable charges, and the producing party must supply true copies produced by photographic or similar process within seven days along with an account of charges.
Is a party giving discovery of a document in a foreign language obliged to provide a translation?	No, there is no obligation on a party giving discovery of a document in a foreign language to provide a translation.
What two procedures comprised the "discovery" method evolved by the Courts of Equity?	Discovery of deeds and documents, and discovery of facts.
What are the two different ways in which interrogatories may be administered?	Interrogatories without order, and ordered interrogatories.
What are the primary criteria for a proper interrogatory?	It must relate to a matter in question between the parties and be necessary either for disposing fairly of the cause or matter or for saving costs.
At what stage in proceedings are interrogatories normally raised?	After discovery of documents and inspection, but before setting down (and usually not before the close of pleadings).
How must answers to interrogatories be given?	By affidavit, unless the court orders otherwise.
Within what timeframe must a party apply by summons or notice to vary or withdraw "interrogatories without order"?	Within fourteen days of their service.
What is the consequence if an interrogated party fails to apply for the variation or withdrawal of interrogatories within the 14-day period?	They are held to have accepted the interrogatories as a whole and must answer each interrogatory within the specified period.
What can the court order if a party answers interrogatories insufficiently?	A further answer by affidavit or by way of an oral examination (after requests for further and better particulars).
What are the potential consequences of failing to comply with interrogatories or court orders regarding interrogatories?	The court may make any order it thinks fit, including dismissing the action or striking out the defence and entering judgment, and the party in contempt is liable to committal.
Who is typically the appropriate person to answer interrogatories on behalf of a company?	The company secretary, though another appropriate officer or member (such as a director involved in the specific transaction) may answer depending on the circumstances.
Can a party put in evidence at trial only some of the answers to interrogatories?	Yes, a party may put in evidence some only of the answers or part of an answer without putting in the rest, subject to the court's power to direct that connected answers also be put in evidence.
What is the purpose of Order 14A of the Rules of the Supreme Court (RSC)?	It allows the court to determine any question of law or construction of any document without a full trial where it will finally determine the entire proceedings or an issue therein.
What are the mandatory prerequisites for employing Order 14A?	Action begun by writ; defendant gave notice of intention to defend; question suitable for summary determination without trial; decision final on claim/issue; parties heard or consented.
How must an application under Order 14A be made according to the rules and case law (Teklemical Mengstab v Ubuchinga Investments)?	By summons, motion, or orally in the course of an interlocutory application (raising issues by a mere "notice" is defective and improper).
What type of evidence should support an Order 14A application?	Affidavit evidence deposing to material facts within the deponent's personal knowledge, since there is no room for dispute regarding necessary material facts.
How is an appeal against an order or judgment given under Order 14A classified?	It is treated as interlocutory, meaning leave to appeal to the Court of Appeal must first be obtained from the High Court or the Court of Appeal
What does Order 33 Rule 3 of the RSC empower the court to do?	It empowers the court to order any question or issue (whether of fact or law, or partly of both) to be tried before, at, or after the trial of the cause or matter, and give directions as to how it shall be stated.
What is the key distinction between Order 14A and Order 33 Rule 3 as established in Kufamuyeke Mukelabai v Esther Nalwamba	Order 14A finally disposes of a case on a point of law without a prior order (appeals need leave); Order 33 Rule 3 involves an issue trial/inquiry, treated as a final order needing no leave.
What is the distinction between a mandatory injunction and a prohibitory injunction?	A mandatory injunction compels a party to take certain steps, while a prohibitory injunction restrains a party from taking specified steps.
Can an injunction stand on its own as an independent cause of action?	No, an injunction is merely ancillary and incidental to a pre-existing substantive cause of action (The Siskina).
What are the foundational principles established in American Cyanamid Co v Ethicon Ltd for granting an interlocutory injunction?	1) Whether the plaintiff has raised a serious question to be tried; 2) Whether damages would be an adequate remedy; 3) Where doubt exists, the balance of convenience/risk of injustice; 4) Preserving the status quo if evenly balanced.
What is a quia timet injunction?	An injunction issued to prevent an infringement of rights where the infringement is threatened but has not yet occurred, requiring proof of a very strong probability of future serious damage.
What is the strict legal obligation imposed on an applicant seeking an ex-parte interim injunction?	An absolute duty to make a full, fair, and accurate disclosure of all material facts and legal aspects within their knowledge (or that should have been known upon proper inquiry) (R v Kensington Income Tax Commissioners).
What is a cross-undertaking as to damages in injunction proceedings?	The plaintiff's promise/undertaking given to the court to pay compensation for any damages sustained by the respondent if the plaintiff ultimately fails to establish their right to the interim injunction.
What is a penal notice and why is it required on an injunction order?	A prominently displayed warning on the served copy of an order informing the contemnor that disobedience will render them liable to imprisonment or sequestration of assets, which is a pre-requisite for enforcement by committal.
What is the primary purpose of a Mareva injunction?	Restrains asset dissipation (in/out jurisdiction) to prevent a nugatory judgment, prioritizing preventing a "judgment-proof" debtor over damages (Mutuwila Farms v Johan Nortje) v Johan Nortje*).
How does an aggrieved party challenge or seek a review of a High Court decision granting or refusing an interlocutory injunction?	By renewing the application before a single Judge of the Court of Appeal rather than filing a standard appeal.
What powers does the court have under Order 29 Rule 2 of the RSC regarding property in dispute?	The court may make orders for the detention, custody, preservation, or inspection of any property which is the subject-matter of the cause or matter.
What is the primary purpose of a scheduling conference under the High Court Rules?	To enable a judge to determine the place for trial, review compliance levels, plan trial time, set a trial date, and create a timetable for proceedings.
What are trial bundles, and what do they typically comprise?	Paginated files of all documents likely to be referred to during trial, typically comprising a bundle of pleadings and a bundle of documents.
What is the difference between a bundle of pleadings and a bundle of documents?	Pleadings bundle contains all filed pleadings; documents bundle holds principal trial documents parties rely on, including those from Order 19 HCR directions.
What are the formal lodging requirements for trial bundles under Order 31 Rule 3 of the High Court Rules?	Bound in book form chronologically, serially numbered pages, complete index, filing fee receipt number, endorsed back sheet with case details/advocate contacts, and clear/legible.
What is the consequence if a trial bundle does not comply with the formal lodging requirements?	It shall not be accepted for filing.
What steps must a party take when setting a matter down for trial?	The party setting the matter down (normally the plaintiff) must lodge a request for the action to be set down for trial, simultaneously lodge the trial bundles in court, and notify all other parties within 24 hours of doing so.
What determines the place and mode of trial?	An order for directions made pursuant to Order 19 Rule 3 of the High Court Rules, which sets the date for trial (though it may be varied by a subsequent order at or before trial).
What specific business must a Judge conduct at the scheduling conference pursuant to Order 19 Rule 3 of the High Court Rules?	Check directions compliance, plan trial time, set dates, identify contested/uncontested issues, explore resolution, narrow issues, timetable, refer misfiled matters, consolidate, and settle.
What additional discretionary powers does a Judge have at a scheduling conference?	Handle interlocutory apps; order particulars, discovery, inspection, interrogatories, affidavit evidence, or foreign witness exams; make consent/suo motu orders; refer to mediation/arbitration; encourage settlement; strike out actions/defences/pleadings.
What is the rule regarding the timing of interlocutory applications before trial?	A party shall not lodge, and a Judge shall not consider, any interlocutory application within 14 days before the commencement of trial.
Where must judgments or rulings of the High Court be delivered under civil procedure rules?	In open court, unless the court otherwise directs.
Within what timeframe must the High Court deliver its judgment after the date set for filing final submissions?	Within one hundred and eighty (180) days.
What duties are imposed on the court if it fails to deliver a judgment or ruling within the prescribed statutory period?	Record reasons, send a copy to the Chief Justice, and notify parties of the new delivery date.
What must a judgment contain when an action is defended?	A concise statement of the case, points for determination, decision, reasons, and findings on each issue.
What is the underlying principle for awarding interest on a debt or damages?	That the defendant kept the plaintiff out of their money and had its use, so they ought to compensate them.
What are standard pre- and post-judgment interest rates in Zambia?	Pre-judgment: average short-term deposit rate from writ to judgment; post-judgment: BOZ current lending rate.
What happens to pre-judgment interest once judgment is delivered?	It merges with the principal sum to comprise the judgment debt, which then attracts BOZ lending rate interest.
What must a debtor show to pay a judgment sum by instalments under Order 36 Rule 9 HCR?	Sufficient cause or special circumstances, backed by an affidavit of means detailing income and liabilities.
What is the legal consequence if a judgment debtor defaults on paying any single instalment under an instalment order?	The whole unpaid balance becomes due immediately, with no stay of execution allowed on the balance.
Within what timeframe must an application for review of a judgment be made under Order 39 Rule 2 of the High Court Rules?	Not later than 14 days after the judgment or decision, except by special leave of the judge.
What grounds must a party demonstrate to succeed in an application for review under Order 39 Rule 1 HCR?	Discovery of fresh material evidence that existed during the hearing but could not be found with reasonable diligence.
What comprises costs in civil litigation under Zambian law?	Legal fees charged by a legal practitioner for services plus disbursements (expenses like court filing fees, travel, copying).
What is the primary object of awarding party-to-party costs to a successful litigant?	To indemnify the successful party against reasonable expenses and costs incurred due to the unsuccessful party, excluding luxuries.
What is the general principle regarding the court's discretion to award costs (Y.B. and F Transport v Supersonic Motors)?	Costs should follow the event; a successful party should normally not be deprived of costs unless they did something wrong in the action.
Who handles questions relating to the amount of costs when parties cannot agree?	The Taxing Master, who taxes the bill of costs after notice to the parties.
What are the two levels of review available to a party aggrieved by a Taxing Master's decision under the High Court Rules?	First, apply to the Taxing Master to review their decision; second, apply to a Judge in Chambers for an order to review the taxation.
What is the time limit for beginning proceedings for the taxation of party-to-party costs?	Within three (3) months after the judgment, direction, order, or award was entered, signed, or otherwise made.
What key documents must accompany a party's bill of costs when lodging for taxation?	A set of pleadings, fee notes, certificate of times, counsel briefs/opinions, expert reports, and correspondence/attendance notes.
What must a legal practitioner do upon taking instructions regarding their fees under the Legal Practitioners Practice Rules?	Inform the client of charges/fees and agree on the fee scale to be applied in writing (retainer), pursuant to Rule 17(1).
What is the consequence under Rule 41 of the Legal Practitioners Practice Rules for failing to agree fees without reasonable cause?	It constitutes professional misconduct or conduct unbefitting a practitioner under section 53(ii) of the Legal Practitioners Act.
How does the "one-sixth rule" apply to Advocate-Client bills under Order 50 Rule 7 of the High Court Rules?	If a taxed bill is less by a sixth part than the delivered bill, the practitioner pays the costs of the reference; otherwise, the client pays.
Can a legal practitioner immediately sue a client to recover unpaid fees?	No, they cannot commence a suit until the expiration of one month after delivering a bill of fees to the party to be charged.
When is leave of court required to issue a writ of execution under Order 45 RSC?	If 6 years have elapsed since judgment, if the party entitled or liable has died, or if goods sought to be seized are in the hands of a receiver.
What property is exempt from attachment and sale in execution under Order 42 Rule 1 HCR?	The wearing apparel and bedding of the debtor or their family, and tools/implements of trade up to K500 (or K1,000,000 for a farmer).
For how long does a writ of execution remain in force if unexecuted, and how can it be extended?	It remains in force for one year only, but may be renewed before expiration by leave of a judge for one further year.
What are the two main stages in garnishee proceedings to attach a debt owed by a third party?	1) Applying ex parte for an Order Nisi to attach the debt; 2) An inter-partes hearing for the Final Order after proper personal service.
What is the distinction regarding the option to pay money under a writ of specific delivery?	A writ of specific delivery recovers specific goods without giving the defendant the option of paying their assessed monetary value.
What are the two types of interpleader proceedings recognized in civil practice?	1) Stakeholder's interpleader (for persons faced with conflicting claims); 2) Sheriff's interpleader (when the sheriff receives third-party claims to seized goods).
What must a judgment debtor demonstrate to obtain a stay of execution pending appeal?	That the appeal has prospects of success and that there are special circumstances, such as money being irrecoverable if paid.
What evidentiary requirements must a judgment debtor satisfy when applying to pay a debt by instalments?	They must show "sufficient cause" by filing an affidavit of means detailing income, expenses, liabilities, and property value.
What is the legal consequence if a judgment debtor defaults on a single instalment under an instalment order?	The whole amount remaining unpaid becomes due immediately, and there shall be no order for stay of execution on the balance.
What are the rules regarding timing and advertising the sale of goods seized in execution?	No sale until 5 days after seizure; if property value exceeds K50,000, the sale must be advertised at least once in a local newspaper.
When is leave of court required to issue a writ of execution under Order 45 RSC?	If 6 years have elapsed since judgment, if the party entitled or liable has died, or if goods sought to be seized are in the hands of a receiver.
What property is exempt from attachment and sale in execution under Order 42 Rule 1 HCR?	The wearing apparel and bedding of the debtor or their family, and tools/implements of trade up to K500 (or K1,000,000 for a farmer).
For how long does a writ of execution remain in force if unexecuted, and how can it be extended?	It remains in force for one year only, but may be renewed before expiration by leave of a judge for one further year.
What are the two main stages in garnishee proceedings to attach a debt owed by a third party?	1) Applying ex parte for an Order Nisi to attach the debt; 2) An inter-partes hearing for the Final Order after proper personal service.
What is the distinction regarding the option to pay money under a writ of specific delivery?	A writ of specific delivery recovers specific goods without giving the defendant the option of paying their assessed monetary value.
What are the two types of interpleader proceedings recognized in civil practice?	1) Stakeholder's interpleader (for persons faced with conflicting claims); 2) Sheriff's interpleader (when the sheriff receives third-party claims to seized goods).
What must a judgment debtor demonstrate to obtain a stay of execution pending appeal?	That the appeal has prospects of success and that there are special circumstances, such as money being irrecoverable if paid.
What evidentiary requirements must a judgment debtor satisfy when applying to pay a debt by instalments?	They must show "sufficient cause" by filing an affidavit of means detailing income, expenses, liabilities, and property value.
What is the legal consequence if a judgment debtor defaults on a single instalment under an instalment order?	The whole amount remaining unpaid becomes due immediately, and there shall be no order for stay of execution on the balance.
What are the rules regarding timing and advertising the sale of goods seized in execution?	No sale until 5 days after seizure; if property value exceeds K50,000, the sale must be advertised at least once in a local newspaper.
What are the two distinct purposes of the court's jurisdiction to punish for contempt?	First, to enforce obedience to court orders; second, to safeguard the court's authority and protect the administration of justice from improper interference.
What is the difference between criminal contempt and civil (procedural) contempt?	Criminal contempt consists of acts impeding justice (requiring intent); civil contempt consists of disobedience to court orders involving private injury.
What is "contempt in the face of the court" and how is it punished?	It is gross interference with justice, which a superior judge can punish summarily of their own motion instantly rather than by formal motion.
What preliminary procedural requirement must be met before applying for a committal order for civil contempt under Order 52 RSC?	Leave of the court must first be obtained ex parte in chambers, supported by a formal statement and affidavit.
How must a notice of motion for committal and its supporting documents be served on the alleged contemnor?	They must be served personally, ensuring at least 8 clear days between service and the day named for the hearing.
What is a writ of sequestration and when is it utilized?	A process where sequestrators seize the property and assets of a person or corporate director who disobeys an order to do or abstain from an act.
Under Section 4 of the Debtors Act, when may a court commit a judgment debtor to prison for defaulting on a debt?	Only when it is proved that the debtor has or has had the means to pay and has refused or neglected to do so (for a term not exceeding 6 weeks).
Does imprisonment under Section 4 of the Debtors Act extinguish or satisfy the judgment debt?	No, imprisonment does not operate as a satisfaction or extinguishment of the debt; it punishes willful default and past dishonesty.
When may the court order the pre-judgment arrest of a defendant who is about to quit Zambia under Section 10 of the Debtors Act?	When plaintiff proves a cause of action of K20+ and probable cause that defendant is leaving to materially prejudice the action or obstruct execution.
What conditions permit the post-judgment arrest of a judgment debtor about to leave Zambia?	When the outstanding debt is K20+, and there is probable cause they are leaving or disposing of property to materially obstruct or delay execution (max 14 days).
What is an arbitration agreement and what form must it take?	An agreement to submit present or future disputes to arbitration, which must be in writing (signed document, exchange of letters, or statements of claim and defence).
What does the competence-competence principle allow an arbitral tribunal to do?	It empowers the arbitral tribunal to rule on its own jurisdiction, including any objections regarding the existence or validity of the arbitration agreement.
What categories of disputes are non-arbitrable under Zambian law?	Matrimonial causes, criminal matters, matters affecting minors/incapacitated persons without representation, paternity, and agreements contrary to public policy.
What must a court do when legal proceedings are brought in a matter subject to an arbitration agreement?	Stay the proceedings and refer the parties to arbitration upon request, unless the agreement is null and void, inoperative, or incapable of being performed.
When may the High Court grant an interim measure of protection in support of arbitral proceedings?	When the tribunal is not yet appointed and it's urgent, when the tribunal is incompetent to grant it, or when urgency makes seeking it from the tribunal impracticable.
Within what timeframe must an application to set aside an arbitral award be made under the Arbitration Act?	Within three (3) months from the date on which the party making the application received the award.
What are the primary grounds to set aside or refuse enforcement of an arbitral award?	Incapacity, invalid agreement, lack of proper notice, excess of jurisdiction, improper tribunal composition/procedure, fraud, public policy, or non-arbitrable subject matter.
What is court-annexed mediation under Order 31 Rule 4 of the High Court Rules?	A mandatory referral of civil actions to mediation by the judge at the scheduling conference, excepting constitutional issues, personal liberty, and injunctions.
Are statements and records made during a court-annexed mediation session admissible as evidence in court?	No, all statements, documents, and communications made during mediation are strictly confidential, privileged, and inadmissible in subsequent proceedings.
What are the key advantages of arbitration and mediation over traditional litigation?	Flexibility, confidentiality, party autonomy in selecting adjudicators or solutions, preservation of relationships, speed, and cost-effectiveness.
What is the nature of a judgment for damages to be assessed?	It is final as to liability but interlocutory as to quantum.
What defines the scope of damages to be assessed on a reference?	The judgment of the court that makes the reference to the Registrar (Zigi Assurance).
How must a party prove unliquidated damages during an assessment hearing?	By oral or affidavit evidence, proving damages just like any other fact at a trial.
What notice requirement applies before an assessment of damages hearing?	Notice of appointment must be served on the defendant at least 7 days before the hearing date.
Where does an appeal from a Deputy Registrar's assessment of damages lie?	Direct to the Court of Appeal pursuant to Article 131(1)(a) of the Constitution and Order 30 Rule 10(4) HCR.
Can a judgment creditor unilaterally compute a disputed sum and levy execution?	No, execution can only be levied on amounts found due by the court or agreed into a consent judgment (Barclays v ZUFIAW).
Which court assesses unliquidated damages ordered by an appellate court?	The court of first instance, which is invariably the High Court (Finance Bank v Bank of Zambia).
What rules govern judicial review applications in Zambia, and what is their primary focus?	Governed strictly by Order 53 of the Rules of the Supreme Court (1965). The focus is reviewing the decision-making process, not the merits (Dean Namuya Mungumba v Machungwa).
Describe the two-stage procedural process for an application for judicial review.	Stage 1 requires applying ex parte for leave using a notice of application and a verifying affidavit. Stage 2, if leave is granted, is the substantive application by originating motion.
What three primary threshold tests must an applicant satisfy when applying for leave for judicial review?	1) Sufficient interest (locus standi); 2) Promptness (filed within 3 months / 90 days); 3) An arguable case fit for further investigation at trial.
What recourse does an applicant have if the High Court refuses their application for leave to apply for judicial review?	The applicant may renew the application for leave before the Court of Appeal within seven (7) days of refusal.
When does the grant of leave for judicial review operate as a stay of proceedings?	If the relief sought is an order of prohibition or certiorari and the court so directs, the grant will operate as a stay of proceedings until determination.
What are the main substantive grounds upon which judicial review can be granted?	1) Want or excess of jurisdiction; 2) Error of law on the face of the record; 3) Breach of natural justice; 4) Unreasonableness (Wednesbury principle).
Define Certiorari, Prohibition, and Mandamus in judicial review proceedings.	Certiorari quashes an inferior decision; Prohibition restrains an inferior body from acting outside jurisdiction; Mandamus compels a public body/officer to perform a public duty.
Against whom does judicial review lie, and what bodies or courts are excluded?	It lies against inferior courts, tribunals, and public bodies performing public duties. It does not lie against the High Court or above, nor against private bodies (Ludwig Sondashi v MMD).
What is the court's stance on granting judicial review when an alternative avenue of appeal or remedy exists?	The courts will not normally grant judicial review where another adequate remedy or statutory avenue of appeal is available and has not been used (Newplast Industries v AG).
Can an order of mandamus be issued against the State or its officers?	Mandamus cannot be issued directly against the State (s.16 State Proceedings Act), but it will lie against a state officer obliged by statute to perform a public duty.
Under which constitutional provision and act was the Court of Appeal established, and how is it composed?	Established under Article 130 of the Constitution; composed of the Judge President, Deputy Judge President, and prescribed judges.
What is the appellate jurisdiction of the Court of Appeal under Article 131 of the Constitution?	It hears appeals from the High Court, other courts (except Constitutional Court matters), and quasi-judicial bodies (except local government election tribunals).
How is the Court of Appeal normally constituted, and when can it be constituted by a single judge?	Constituted by an uneven number of at least 3 judges, but by a single judge when hearing an interlocutory matter or application.
Which rules govern practice and procedure in the Court of Appeal where local rules are silent?	For civil matters, the English Supreme Court Practice (White Book) 1999; for criminal matters, English Court of Criminal Appeal practice.
When is leave required to appeal from an interlocutory order of a High Court judge to the Court of Appeal?	Unless concerning liberty, infant custody, injunctions, receivers, company liabilities, or admiralty/arbitration, leave is required.
What is the procedure if the High Court refuses an application for leave to appeal to the Court of Appeal?	The application may be made to a single judge, and if refused by the single judge, it can be renewed before the full Court.
Within what timeframe and how many copies of the notice and memorandum of appeal must be filed?	Filed with the Registrar within 30 days after the judgment, providing 21 hard copies, and served within 14 days on all affected parties.
Within what period must a respondent file a notice of address for service after being served with an appeal?	Within 7 days after service on them, failing which copies of the record or hearing notices need not be served on them.
Within what timeframe must an appellant lodge the appeal after filing a notice of appeal?	Within 60 days, by lodging 21 copies of the record of appeal, heads of arguments, electronic copy, prescribed fees, and security for costs.
What can a respondent do if an appeal is not lodged within the stipulated time limit?	The respondent may make an application to the court for an order dismissing the appeal for want of prosecution under Order 10 Rule 7.
What must a memorandum of appeal set forth under Order 10 Rule 9(2)?	Concisely and under distinct heads, without argument, the numbered grounds of objection and points of law or fact wrongly decided.
Within what period must a respondent deliver their heads of arguments after being served with the record?	Within 30 days of being served, delivering 21 hard copies and an electronic copy, plus a supplementary record of appeal if needed.
How and within what timeframe must an interlocutory application to a single judge of the Court of Appeal be made?	By notice of motion or summons within 14 days from the date of the decision complained of, supported by an affidavit.
Within what time frame must a respondent give notice of a preliminary objection in relation to an appeal?	Within 14 days from the date of receipt of the record of appeal.
On what primary grounds may the Court of Appeal grant leave to appeal to the Supreme Court?	If it raises a public importance point of law, is in the public interest, has reasonable prospects of success, or has compelling reasons.
What is the purpose of embodying a judgment of the Court of Appeal into an order under Order 10 Rule 23?	To achieve clarity and ensure effective enforcement of the decision so the successful party can enjoy the fruits of the judgment.
Under which constitutional article was the Constitutional Court established and what is its composition?	Established by Article 121; consists of the President, Deputy President, and 11 or more judges.
What is the scope of the Constitutional Court's original and final jurisdiction under Article 128?	Constitutional interpretation, violations (excl. Part 3), presidential elections/matters, and parliamentary/councilor election appeals.
Can a decision of the Constitutional Court be appealed to the Supreme Court?	No, decisions of the Constitutional Court are final and not appealable to the Supreme Court (Art 128(4)).
How is the Constitutional Court constituted for regular sittings versus interlocutory matters?	Constituted by an uneven number of at least 3 judges, while interlocutory matters may be heard by a single judge.
How are matters generally commenced in the Constitutional Court, and what are the exceptions?	Generally by Petition, except constitutional interpretation (originating summons) and presidential/delimitation matters (originating notice of motion).
Within what timeframe must a respondent file an Answer and opposing affidavit after being served with a petition?	Within 14 days of service of the petition.
What fallback rules apply to practice and procedure when the Constitutional Court Act and Rules are silent?	Substantial conformity with the English White Book (1965/1999 ed) and English Court of Appeal practice.
What is the procedure to obtain leave to appeal to the Constitutional Court when refused by the lower court?	Apply to a single judge of the Constitutional Court, and if refused, renew the application before the full court.
Within what timeframe must a presidential election petition be filed after the declaration of election results?	Within 7 days of the declaration of election results in accordance with Article 101 of the Constitution.
What documents must accompany the filing of a presidential election petition?	An affidavit verifying facts, witness statements, skeleton arguments, and a list of authorities with copies.
Within what timeframe must a respondent file their answer to a presidential election petition?	Within 5 days of service of the petition, accompanied by an opposing affidavit and witness statements.
Under which constitutional provision is the Supreme Court established, and what is its status?	Established under Article 124 of the Constitution, it is the highest court and court of last resort in Zambia.
What is the composition of the Supreme Court of Zambia?	It consists of the Chief Justice, the Deputy Chief Justice, and eleven or more other judges (Article 125).
Is the Supreme Court bound by its own previous decisions?	Yes, except where it departs from them in the interest of justice and the development of jurisprudence (Article 125(3)).
How is the Supreme Court constituted for regular sittings versus interlocutory matters?	It requires an uneven number of at least 3 judges (or 5 for a full bench), but a single judge may hear interlocutory matters.
Which rules govern civil practice and procedure in the Supreme Court when local rules are silent?	Substantial conformity with the English Supreme Court Practice (White Book) 1999 and English Court of Appeal practice up to December 31, 1999.
Within what timeframe must a notice of appeal and memorandum of appeal be lodged and served in the Supreme Court?	Within fourteen (14) days of the judgment, served on all parties directly affected by the appeal.
Within what period must an appellant lodge the appeal and how many copies of the record of appeal are required?	Within 60 days after filing the notice of appeal, by filing 13 hard copies (plus an electronic copy) of the record.
Within what timeframe must a respondent file a notice of cross-appeal in the Supreme Court?	Not more than fourteen (14) days after the service of the record of appeal upon them.
Can a single judge of the Supreme Court hear interlocutory applications, and can their decisions be reviewed?	Yes, interlocutory matters are heard by a single judge, and their orders/decisions can be varied, discharged, or reversed by the Court.
How is a judgment of the Supreme Court finalized for enforcement purposes?	Every judgment of the Court must be embodied in an order prepared by the successful party and approved or settled by the judge.

Created by: Eddard

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