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VOLUME 3

CONTENTS Chapter 24. Chapter 25. Judicature Administration Act Supreme Court of Zambia Act

Chapter 26. Supreme Court and High Court (Number of Judges) Act Chapter 27. Chapter 28. High Court Act Subordinate Courts Act

CHAPTER 24 THE JUDICATURE ADMINISTRATION ACT
ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II ADMINISTRATION OF JUDICATURE 3. 4. 5. 6. 7. Chief Administrator Appointment of certain members of Judicature and its staff Exercise by Commission of its disciplinary powers Funds of Judicature Financial year of Judicature

8. 9.

Accounts of Judicature Annual report of Judicature

PART III MISCELLANEOUS 10. 11. 12. 13. 14. 15. 16. Allocation of High Court work Judicial precedence Capital expenditure on property and buildings Establishment of committees Regulations Funding of Judicature pending due appropriation Transitional arrangements for staff

CHAPTER 24

JUDICATURE ADMINISTRATION An Act to provide for the administration of the courts; to confer on the Judicial Service Commission power to appoint staff of the Judicature; and to provide for matters connected with or incidental to the foregoing. [31st December, 1994

Act 42 of 1994 Statutory Instrument 44 of 1995

PART I PRELIMINARY 1. This Act may be cited as the Judicature Administration Act. 2. In this Act, unless the context otherwise requiresShort title

Interpretation

"Commission" means the Judicial Service Commission referred to in the Cap. 1 Cap. 259 Constitution and the Service Commission Act;

"Chief Administrator" means the Chief Administrator of the Judicature appointed under section three; "court" does not include a court-martial; "court fees" means any fees, commissions or charges payable under any law in connection with the lodgement, service, execution or administrative processing of any writ, application or other legal process, and includes sheriff' fees and any commission, late fees or other charges so payable; "Judicature" means the Supreme Court, the High Court, the Industrial Relations Court, the subordinate courts, local courts and any other courts established by an Act of parliament; "member of the Judicature" means(a) the Chief Justice, Deputy Chief Justice or any judge of the Supreme Court or High Court; (b) the Chairman and any Deputy Chairman or member of the Industrial Relations Court; (c) a magistrate or local court justice; and

(d) any officer having power to hold or exercise, in open court, the judicial powers of any court; "staff of the Judicature" means(a) the Chief Administrator;

(b) any sheriff or other officer or person appointed under subsection (1) of section four, other than a member of the Judicature; and (c) any person appointed under subsection (2) of section four.

PART II

ADMINISTRATION OF JUDICATURE 3. (1) There shall be a Chief Administrator of the Judicature who shall Chief Administrator be appointed by the President on the recommendation of the Commission. (2) The Chief Administrator(a) shall be responsible for the day-to-day administration of the Judicature and for the implementation of resolutions of the Commission in respect of that administration; (b) shall have and may exercise and perform such other powers and functions as may be conferred on him by or under this or any other Act; and (c) shall, in relation to the expenditure of the Judicature, be deemed Cap. 347 to be the controlling officer within the meaning of the Finance (Control and Management) Act. (3) The Chief Administrator shall hold office on such terms and conditions as the Commission may determine with the approval of the President. 4. (1) The holders of the following offices shall be appointed by the Commission:
Appointment of certain members of Judicature and its staff

(a) Registrar, Deputy Registrar, Assistant Registrar, District Registrar or other like functionary of any court; (b) Master, Deputy Master and Assistant Master of the Supreme Court; (c) principal resident magistrate, senior resident magistrate, resident magistrate, magistrate and clerk of a subordinate court; (d) Senior Presiding Justice and Presiding Justice of a local court;

(e) Director of Local Courts, Deputy Director of Local Courts, provincial local courts officer and local courts officer; (f) Sheriff, Deputy Sheriff and Assistant Sheriff;

(g) such other officers of any court, required for the purposes of any written law, as the Commission may, by regulation, prescribe; and (h) court reporters, interpreters and such other staff of any court as the Commission may, by regulation, prescribe. (2) Subject to the approval of the President as to numbers, the Commission shall appoint such other staff as may be necessary to assist the Chief Administrator in the performance of his functions. (3) A person appointed under this section shall, subject to this Act, hold office on such terms and conditions as the Commission may determine with the approval of the President. 5. (1) In connection with the dismissal, disciplinary action or termination of appointment of any officer holding an office to which the Commission appointed him, the Commission shall exercise its powers in that behalf in accordance with regulations made by the Commission with the approval of the President. (2) The Commission shall, at the request of the Chief Administrator, hear him personally in connection with the exercise by the Commission of the powers referred to in this section. 6. (1) The funds of the Judicature shall consist of such moneys as may- Funds of
Judicature Exercise by Commission of its disciplinary powers

(a)

be appropriated by Parliament for the purposes of the Judicature;

(b) be paid to the Judicature by way of court fees or by way of such grants as the Chief Administrator may accept; or (c) vest in or accrue to the Judicature.

(2) The Chief Administrator may accept money by way of grants, whether or not subject to conditions, for the benefit of any activity, function, fund or asset of the Judicature or any part thereof. (3) There shall be paid out of the funds of the Judicature(a) the salaries and allowances of members of the Judicature, in accordance with the Constitutional Offices Emoluments Act; (b) (c) the loans of members of the Judicature; the salaries, allowances and loans of the staff of the Judicature;
Cap. 263

(d) such travelling, transport and subsistence allowances for staff of the Judicature as may be determined by the Commission with the approval of the President; and (e) any other expenses incurred by the Judicature in the exercise and performance of its powers and functions, other than capital expenditure chargeable to the Government under section twelve. 7. The financial year of the Judicature shall be the period of twelve months ending on 31st December in each year. 8. The Chief Administrator shall cause to be kept proper books of account and other records relating to the accounts of the Judicature which shall be audited by the Auditor-General.
Financial year of Judicature

Accounts of Judicature

Annual report of 9. (1) As soon as practicable, but not later than six months after the expiry of the financial year, the Chief Administrator shall submit to the Judicature President a report concerning the activities of the Judicature during that financial year.

(2) The report shall include information on the financial affairs of the Judicature and there shall be appended to the report(a) audited balance sheets;

(b (c

audited statements of income and expenditure; and such other information as the President may require.

(3) The President shall, not later than the end of the first session of the National Assembly that begins after the receipt of the report, cause it to be laid before the National Assembly.

PART III MISCELLANEOUS
Allocation of High 10. The Chief Justice shall designate, in respect of each place where the High Court is held, a judge who shall be responsible for allocation of Court work the court's professional work.

11. (1) Judges of the Supreme Court, other than the Chief Justice and Deputy Chief Justice, shall rank according to the date on which they were appointed as judges of the Court.

Judicial precedence

(2) Judges of any other court who hold equal office shall rank according Cap. 30 to the date on which their names were entered on the roll of practitioners kept for the purposes of the Legal Practitioners Act. 12. The Government shall provide, equip and maintain such courthouses, offices, judges' lodges and other buildings as may be necessary for the purposes of the Judicature.
Capital expenditure on property and buildings

13. (1) The Chief Justice may constitute, on a permanent or temporary Establishment of basis, one or more advisory committees, consisting of judges or others committees having knowledge of the work of the courts and prevailing social conditions, to advise him on such matters relating to the Judicature as he may from time to time consider necessary. (2) Any such committee may, subject to any directions of the Chief

Justice, regulate its own procedure, and its members shall hold office on such terms as the Chief Justice may determine.
Regulations 14. (1) The Commission may, by statutory instrument made with the approval of the President, make regulations for or with respect to any matter that by this Act is required or permitted to be prescribed or that is necessary or expedient to be prescribed for carrying out or giving effect to this Act.

(2) Without limiting the generality of subsection (1), regulations under this section may be made for or with respect to(a) the appointment to office, including the power to confirm appointments, of the staff of the Judicature and such of the members of the Judicature as are appointed by the Commission; (b) promotions to such offices;

(c) the disciplinary control of persons holding or acting in such offices. (d) the termination of appointments and the removal of such persons from office; (e) prescribing the qualifications for appointment or promotion to any post; (f) the transfer or secondment of any person holding any such office; and (g) such training courses as may be considered necessary for promoting or maintaining efficiency. (3) Regulations under this section may make different provisions for different categories of officers and may authorise the Commission to delegate any of its powers to the Chief Administrator or a member of staff of the Commission. 15. Until such time as due appropriation is made for the purposes of
Funding of Judicature pending

section six, appropriation and expenditure in respect of the Judicature shall be effected and dealt with in the same manner as before the commencement of this Act.

due appropriation

16. A person who, immediately before the commencement of this Act, Transitional was employed, whether on permanent and pensionable establishment or arrangements for staff on secondment, as a sheriff, court reporter, court interpreter or other officer or functionary in connection with the operation or administration of any court or courts, shall be deemed, on the commencement of this Act, to be a member of the staff of the Judicature for a period of not more than eighteen months, unless(a) the Commission, by notice in writing to the person so employed, determines that he shall not be a member of such staff; or (b) the person so employed, by notice in writing to the Commission, states his intention not to be a member of such staff. (2) At any time within the period of eighteen months referred to in subsection (1), the Commission may, under section four, appoint any person affected by that subsection as a member of staff of the Judicature. (3) A person who(a) gives or is given a notice under subsection (1); or

(b) at the expiry of the period of eighteen months referred to in subsection (1), has not been appointed under section four as a member of staff of the Judicature; shall be redeployed in the civil service or may, in the public interest, be retired therefrom, with entitlement to be paid all his terminal benefits. (4) Nothing in this section(a) affects any power of the Commission under any law to create, or to employ any person in, a temporary position; or (b) precludes the making of arrangements for the secondment or further secondment of any officer to any position.

CHAPTER 25 THE SUPREME COURT OF ZAMBIA ACT
ARRANGEMENT OF SECTIONS

PART I PRELIMINARY Section 1. 2. Short title Interpretation

PART II CONSTITUTION AND GENERAL POWERS OF THE COURT 3. 4. 5. 6. 7. 8. 9. 10. 11. Constitution of the Court Powers of single Judge of the Court Judge not to sit on appeal from his own decision Seal Jurisdiction Practice and procedure Execution of judgment of the Court Sittings of the Court Right of audience

PART III CRIMINAL APPEALS 12. 13. 14. 15. 16. First appeals (Repealed by No. 31 of 1976) Second appeals Determination of appeals Supplementary powers of the Court

17. 18. 19. 20. 21. 22.

Time for appealing Stay of execution of sentence of death or corporal punishment Right of appellant to be present Reservation for consideration of the Court of decisions on exceptions and objections to informations Procedure with respect to frivolous or unsubstantial appeals Provisions as to bail

PART IV CIVIL APPEALS FROM THE HIGH COURT 23. 24. 24A 25. Right of appeal in civil cases Restrictions on civil appeals Appeal in habeas corpus proceedings Powers of the Court on an appeal in civil matters

PART V MISCELLANEOUS 26. 27. 28. 29. 30. 31. Administration of oaths Warrant for production of appellant before the Court Rules of Court Officers of the Court Has had its effect Obsolete

CHAPTER 25

SUPREME COURT OF ZAMBIA An Act to provide for the constitution, jurisdiction and procedure of the Supreme Court of Zambia; to prescribe the powers of the Court; and to provide for matters connected therewith or incidental thereto. [14th September, 1973]

41 of 1973 26 of 1974 17 of 1976 31 of 1976 5 of 1979 15 of 2002 19 of 2003

PART I PRELIMINARY 1. This Act may be cited as the Supreme Court of Zambia (Amendment) Act, 2003, and shall be read as one with the Supreme Court Act, in this Act referred to as the principal Act 2. In this Act, unless the context otherwise requires"appellant" includes applicant; "the Court" means the Supreme Court; "judgment" includes decree, order, conviction, sentence and decision; "Master" means the Master of the Court appointed in pursuance of the provisions of section twenty-nine; "practitioner" has the meaning assigned to it by section two of the Legal Cap. 30 Practitioners Act; "qualified person" has the meaning assigned to it by section three of the Cap. 30 Legal Practitioners Act; "rules of court" means rules of court made under section twenty-eight; "sentence" includes any order made on conviction not being(a) a probation order or an order for conditional discharge;
Short title Cap. 25

Interpretation

(b) an order under any enactment which enables the Court to order the destruction of an animal; or (c) an order made in pursuance of any enactment under which the Court has no discretion as to the making of the order or its terms. (As amended by No. 31 of 1976)

PART II CONSTITUTION AND GENERAL POWERS OF THE COURT 3. (1) When the Court is determining any matter, other than an interlocutory matter, it shall be composed of such uneven number of Judges, not being less than three, as the Chief Justice may direct. (2) The determination of any question before the Court shall be according to the opinion of the majority of the members of the Court hearing the case. 4. A single Judge of the Court may exercise any power vested in the Court not involving the decision of an appeal or a final decision in the exercise of its original jurisdiction but(a) in criminal matters if any Judge of the Court refuses an application for the exercise of any such power, the person making the application shall be entitled to have his application determined by the Court; and (b) in civil matters any order, direction or decision made or given in pursuance of the powers conferred by this section may be varied, discharged or reversed by the Court. 5. A Judge of the Court shall not sit on the hearing of an appeal, nor shall he exercise any power under section four in respect of an appeal(a) from any judgment given by himself or any judgment given by any Court of which he was sitting as a member; (b) against a conviction or sentence if he was the Judge by or before whom the appellant was convicted. 6. The Court shall have a seal having a device or impression and bearing an inscription approved by the Chief Justice.
Seal Judge not to sit on appeal from his own decision Powers of single Judge of the Court Constitution of the Court

7. The Court shall have jurisdiction to hear and determine appeals in Jurisdiction civil and criminal matters as provided in this Act and such other appellate or original jurisdiction as may be conferred upon it by or under the Constitution or any other law.

Practice and 8. The jurisdiction vested in the Court shall, as regards practice and procedure, be exercised in the manner provided by this Act and rules of procedure court:

Provided that if this Act or rules of court do not make provision for any particular point of practice and procedure, then the practice and procedure of the Court shall be(i) in relation to criminal matters, as nearly as may be in accordance with the law and practice for the time being observed in the Court of Criminal Appeal in England; (ii) in relation to civil matters, as nearly as may be in accordance with the law and practice for the time being observed in the Court of Appeal in England. Except that the Civil Court Practice 1999 (The Green Book) of England or any other civil court practice rules issued after 1999 in England shall not apply to Zambia except in matrimonial causes. (As amended by Act No. 14 of 2002
Execution of 9. The process of the Court shall run throughout Zambia and any judgment of the Court shall be executed and enforced in like manner as judgment of the Court if it were a judgment of the High Court.

10. (1) The sittings of the Court shall usually be held at Lusaka or Ndola but may be held at such other place as the Chief Justice may direct. (2) The dates of sittings of the Court shall be determined by the Chief Justice. (3) The times of sittings of the Court shall be determined by the Chief Justice or, if he is not a member of the Court hearing a case, the next senior Judge of the Court hearing the case. (4) At any sitting, the Court shall, subject to the provisions of this Act, be composed of such members as the Chief Justice may direct.

Sittings of the Court

11. In all proceedings before the Court the parties may appear in person or be represented and appear by a practitioner.

Right of audience

PART III CRIMINAL APPEALS 12. (1) Any person convicted on a trial by the High Court may appeal to First appeals the Court on any matter of fact as well as on any matter of law, and shall be so informed by the Judge at the conclusion of the trial. (2) A person convicted by a subordinate court and committed to the High Court for sentence and sentenced by the High Court shall for all purposes connected with his rights of, and procedural matters relating to, appeal be deemed to have been convicted and sentenced on a trial by the High Court, and accordingly an appeal against such conviction and sentence shall lie to the Court. (3) If the Director of Public Prosecutions is dissatisfied with a judgment of the High Court in the exercise of its original jurisdiction upon a point of law, he may appeal against such judgment to the Court. (4) No appeal shall lie against any sentence the imposition of which is fixed by law. (As amended by Act No. 31 of 1976) 13. (Repealed by Act No. 31 of 1976)

Second appeals 14. (1) Any party to an appeal to the High Court may appeal to the Court against the High Court judgment with the leave of that court if given at the time when judgment is pronounced, or with the leave of the Court.

(2) For the purposes of this section, an order made by the High Court in the exercise of its revisional jurisdiction, or a decision of the High Court on a case stated, or a decision of the High Court refusing an application

for an appeal to be heard out of time, shall be deemed to be a decision of the High Court in its appellate jurisdiction. (3) Where under section three hundred and twenty-four of the Criminal Cap. 88 Procedure Code an application for an appeal to be heard out of time has been refused by the High Court, the applicant may apply to the Court for his appeal to be heard by the Court, and if such application is granted the appeal shall be heard by the Court as if it lay direct thereto. (As amended by Act No. 26 of 1974)
Determination of 15. (1) On an appeal against conviction, the Court shall allow the appeal if it is of the opinion that the judgment of the court before which appeals the appellant was convicted or of the High Court in exercise of its appellate jurisdiction should be set aside-

(a) on the ground that in all the circumstances of the case it is unsafe or unsatisfactory; or (b) on the ground of a wrong decision on any question of law; or

(c) on the ground that there was a material irregularity in the course of the trial; and in any other case shall dismiss the appeal: Provided that the Court may, notwithstanding that it is of the opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred. (2) The Court shall, if it allows an appeal against conviction, either quash the conviction and direct a judgment and verdict of acquittal to be entered, or, if the interests of justice so require, order a new trial. (3) On any appeal, whether against conviction or sentence, the Court may substitute a judgment of guilty of such other offence as the trial court could have entered, and, in the case of an appeal from a judgment of the High Court in its appellate jurisdiction, the Court shall in addition have power to restore the conviction of the trial court.

(4) On any appeal, whether against conviction or sentence, the Court may increase or reduce the sentence, or impose such other sentence or make such other order as the trial court could have imposed or made. (As amended by Act No. 17 of 1976) 16. The Court may, if it thinks it necessary or expedient in the interests Supplementary powers of the of justiceCourt

(a) order the production of any document, exhibit, or other thing connected with the proceedings, the production of which appears to it necessary for the determination of the case; (b order any witness who would have been a competent and compellable witness at the trial to attend and be examined before the Court, whether he was or was not called at the trial, or order the examination of any such witness to be conducted in manner provided by rules of court before any Judge of the Court or other person appointed by the Court for the purpose, and allow the admission of any deposition so taken as evidence before the Court; (c) receive the evidence, if tendered, of any witness (including the appellant) who is a competent but not compellable witness, and, if the appellant makes application for the purpose, of the husband or wife of the appellant in cases where the evidence of the husband or wife could not have been given at the trial except on such application to the trial court; (d) remit the case for further hearing to the court from which the appeal was brought, with such instructions as regards the taking of further evidence or otherwise as appear to it necessary; (e) where any question arising at the appeal involves prolonged examination of documents or accounts or any scientific or local investigation which cannot, in the opinion of the Court, conveniently be conducted before the Court, order the reference of the question in manner provided by rules of court for inquiry and report to a special commissioner appointed by the Court, and act upon the report of any such commissioner so far as it thinks fit to adopt it; (f) appoint any person with special expert knowledge to act as an assessor in an advisory capacity in any case where it appears to the Court that such knowledge is required for the proper determination of the case; (g) issue any warrant necessary for enforcing any order or sentence of the Court; and (h) on the application of an appellant and pending the determination

(1) A person who intends to appeal against a judgment of the High Time for appealing Court under this Part shall. as the case may be. and (ii) whenever the Court receives further evidence or gives instructions for the taking of further evidence. (2) (Repealed by Act No. it shall make such order as will secure an opportunity to the parties to the proceedings to examine every witness whose evidence is so taken. (4) The Court may extend the time for giving notice of intention to appeal or of submitting an application for leave to appeal notwithstanding that the time for giving such notice or submitting such application has already expired: . 31 of 1976) (3) If the intending appellant is in prison. give any directions which it may consider necessary concerning the time at which the sentence of the appellant shall be resumed or begin to run: Provided that(i) in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial. may. within fourteen days of the date of the judgment against which he intends to appeal(a) give notice of his intention to appeal. within the said period of fourteen days.of his appeal or application for leave to appeal to the Court. to the Registrar of the High Court in such manner and form as may be prescribed by rules of court. admit the appellant to bail and. 17. the aforesaid notice or application. be given to the officer in charge of the prison. who shall forward it to the Registrar of the High Court. in the event of an appellant having been admitted to bail. or (b) if leave to appeal is required. submit an application for such leave.

no extension of time shall be granted after the sentence has been confirmed by the President. 19 of 2003) 19. 31 of 1976) 18. (2) An appellant who does not appear at the hearing of his appeal by a practitioner may present his case and argument in writing. 20. and any case or argument so presented shall be considered by the Court. Reservation for consideration of the Court of decisions on exceptions and objections to informations Right of appellant to be present . (b) if notice of intention to appeal is so given. (1) If. the application shall be determined as soon as practicable. (c) if the application for leave to appeal is so submitted. in the exercise of powers conferred upon the High Court. and the sentence shall not be executed until the application has been refused or the appeal has been determined or abandoned. (1) In the case of a sentence of deathStay of execution of sentence of death or corporal punishment (a) the sentence shall not be executed until after the expiration of the time within which notice of intention to appeal may be given or. an application for leave to appeal may be submitted. the sentence shall not be executed until the appeal has been determined or abandoned. if he so desires. as the case may be. (3) The power of the Court to pass any sentence under this Act may be exercised notwithstanding that the appellant is for any reason not present.Provided that where sentence of death has been passed. it thinks fit to reserve for the consideration and determination by the Court any question decided by the High Court on any exception or objection taken to the information preferred against any person on trial before the High Court for any offence. (As amended by Act No. the High Court shall state the question reserved and direct that the question so stated be transmitted to the Master for consideration and determination by the Court. at the hearing of his appeal or any application to the Court. (As amended by Act No. (1) An appellant shall be entitled to be present.

the Court may. subject to any directions which the . when the appeal is so referred. dismiss the appeal summarily without calling on any person to attend the hearing or to appear for the People thereon. section three hundred and thirty-six of the Criminal Procedure Code. if it deems fit. on the application of the appellant. and.(2) The Court shall determine any question reserved for its consideration under subsection (1). (1) Where the High Court has. or if it does not so admit him. if it considers that the appeal is frivolous or vexatious or does not show any substantial ground of appeal and the appeal can be determined without adjourning the same for a full hearing. the Court may. amending or setting aside the decision in respect of which the question was reserved and give such directions as the Court thinks fit to give as to the information and the further proceedings before the High Court. is admitted to bail. Provisions as to 22. (3) On the determination by the Court of a question reserved for its consideration in terms of subsection (1). in exercise of its powers under bail. (2) The provisions of subsection (1) shall not apply in the case of an appeal by a person upon whom a sentence of death is passed. 21. (2) The time during which an appellant. refused to admit an appellant to bail or to postpone the payment of any Cap. and pending the determination of his appeal or application for leave to appeal to the Court in a criminal matterProcedure with respect to frivolous or unsubstantial appeals (a) admit the appellant to bail. and (b) postpone the payment of any fine imposed upon him. 88 fine imposed upon him. (1) If it appears to any Judge of the Court that any notice of an appeal against a conviction is frivolous or vexatious or does not show any substantial ground of appeal. the Court may make an order confirming. such Judge may direct the Master to refer the appeal to the Court for summary determination. and. direct him to be treated as an unconvicted prisoner pending the determination of his appeal or of his application for leave to appeal. as the case may be. pending the determination of his appeal.

whether it is the sentence passed by the court of trial or by the High Court in its appellate jurisdiction or the sentence passed by the Court. subject to any directions which the Court may give to the contrary. (b) if the appellant is not in custody. as the case requires(a) if the appellant is in custody. without the leave of a Judge of the Court. PART IV CIVIL APPEALS FROM THE HIGH COURT 23. (b) from an order of a Judge giving unconditional leave to defend an action. the time during which the appellant. shall not count as part of any term of imprisonment under his sentence. an appeal in any civil cause or matter shall lie to the Court from any judgment of the High Court. (c) from a judgment given by the High Court in the exercise of its appellate or revisional jurisdiction without the leave of the High Court or. (1) No appeal shall lieRight of appeal in civil cases Restrictions on civil appeals (a) from an order allowing an extension of time for appealing from a judgment. shall. without the . as from the day on which the appeal is determined. Subject to the exceptions and restrictions contained in section twenty-four. is treated as an unconvicted prisoner under this section. as from the day on which he is received into goal under the sentence. (d) from an order of the High Court or any Judge thereof made with the consent of the parties or from an order as to costs only which by law is left to the discretion of the court without the leave of the court or of the Judge who made the order or. if that has been refused.Court may give to the contrary in any appeal. be deemed to be resumed or to begin to run. if in custody. 24. Any imprisonment of the appellant under the sentence. if that has been refused.

vary. 388 from an interlocutory order or interlocutory judgment made or given by a Judge of the High Court. having had time and opportunity to appeal from the decree nisi on which the order was founded.leave of a Judge of the Court. (2) An order refusing unconditional leave to defend an action shall not be deemed to be an interlocutory order or interlocutory judgment within the meaning of paragraph (e) of subsection (1). (1) On the hearing of an appeal in a civil matter. (iii)in the case of a decision determining the claim of any creditor or the liability of any contributory or the liability of any director or other officer under the Companies Act. has not appealed from that decree. 24A. 5 of 1979) 25. (As amended by Act No. (f) from an order absolute for the dissolution or nullity of marriage made by a Judge in favour of any party who. without the leave of the Judge or. or set aside the . except in the following cases: (i) where the liberty of the subject or the custody of infants is concerned. (iv) in the case of a decree nisi in a matrimonial cause or a judgment or order in any Admiralty action determining liability. without the leave of a Judge of the Court. (e) from an order made in chambers by a Judge of the High Court or Cap. (v) in the case of an order on a special case stated under any law relating to arbitration. An appeal shall lie to the Court in any civil proceedings upon application for habeas corpus against an order for the release of the person restrained as well as against the refusal of such an order. amend. (ii) where an injunction or the appointment of a receiver is granted or refused. if that has been refused. the CourtPowers of the Court on an appeal in civil matters Appeal in habeas corpus proceedings (a) shall have power to confirm.

of any witness (including any party) who is a competent but not compellable witness. (2) Whenever the Court gives instructions for the taking of further evidence. or order the examination of any such witness to be conducted in manner provided by rules of court before any Judge of the Court or before any officer of the Court or other person appointed by the Court for the purpose. if tendered. (iv) remit the case to the High Court for further hearing. and (c) shall. (iii)receive the evidence. and if a party makes application for the purpose. and allow the admission of any deposition so taken before the Court. of the husband or wife of that party in cases where the evidence of the husband or wife could not have been given at the trial except on application to the trial court. have power to set aside the judgment appealed against and order that a new trial be held. PART V MISCELLANEOUS . it shall make such order as will secure an opportunity to the parties to the proceedings to examine every witness whose evidence is taken. whether he was or was not called at the trial. if it thinks it necessary or expedient in the interests of justice(i) order the production of any document. if it appears to the Court that a new trial should be held. the production of which appears to it necessary for the determination of the case. (ii) order any witness who would have been a competent and compellable witness at the trial to attend and be examined before the Court. with such instructions as regards the taking of further evidence or otherwise as appear to it necessary. (b) may.judgment appealed from or give such judgment as the case may require. exhibit or other thing connected with the proceedings.

Officers of the Court . a judge of the Court may issue a warrant for the production of the appeallant at the appeal Warrant for production of appellant before the Court 28. Has had its effect. When the presence of an appellant who is in custody is necessary or desirable at the hearing of his appeal or he exercises the right conferred upon him by section nineteen to be present at the hearing of his appeal. 30.26. (2) The form of an oath shall be the same. (3) Any person who. as that which is used in the High Court. 27. as nearly as may be. (1) The Court or any judge thereof may require and administer any Administration of oaths necessary oath. by statutory instrument. as to the costs of and incidental to any proceedings in the Court and as to the fees to be charged in respect of proceedings therein and generally in regard to any other matter which appears to the Chief Justice to be necessary or desirable. make rules of court Rules of Court for regulating generally the practice and procedure of the Court and with respect to appeals to or reviews by the Court including rules as to the time within which any requirement of the rules is to be complied with. is entitled to make an affirmation instead of taking an oath. (3) The Registrar of the Court of Appeal immediately prior to the commencement shall be the first Master. may do so in any cause or matter in the Court. (1) There shall be a Master and such other officers as may be necessary to give effect to the provisions of this Act. (2) The Master shall be appointed by the Judicial Service Commission. Obsolete. and shall do so in the form prescribed by law. The Chief Justice may. 31. by law. 29.

20. 12. vacations and business Registry Acts to be done on a Saturday. 7. Title Interpretation Notice of sittings. 4. 8. 16. 10. 3. 18. 14. 19. 5. 9. 2. 6. 13. Sunday or public holiday Copies Interlocutory applications Setting aside or varying order of Registrar Process of the Court and service Form of proceedings Power to amend Extension of time and late applications Prescribed fees Prescribed forms Costs Notice of hearing and non-appearance at hearing Applications to the High Court first Applications to the Court Preliminary objection Adjournment PART II .SUBSIDIARY LEGISLATION THE SUPREME COURT RULES [ARRANGEMENT OF SECTIONS]. ARRANGEMENT OF RULES PART I GENERAL Rule 1. 11. 17. 15.

46. 39. 45. 28. 37. 43. 26. 25. 30. 22. 29. 27. 31. 41.CRIMINAL APPEALS 21. 38. 33. 24. 34. 23. 36. Application Institution of appeal Notice of intention to appeal Leave to appeal Grounds of appeal Other criminal applications Procedure where single judge refuses application Signature of proceedings Stay of execution Grounds of decision Preparation of record Procedure where appellant in prison Abandonment of appeal Presentation of appellant's case in writing Heads of argument Attendance at hearing Irregularities Hearing and orders on appeal Additional evidence and report Order for disposal of property Judgment in criminal cases Order Notifying decision Costs Return of original depositions and exhibits Bail PART III CIVIC APPEALS . 35. 42. 40. 32. 44.

74. Application and interpretation Civil applications Notice of appeal Leave to appeal Appeal not to operate as stay of execution Certificate of grounds of judgment Address for service Lodging appeal Default in lodging appeal Security for costs Entry of appeal Record of appeal Supplementary record Costs of record Respondent's notice of cross-appeal Stated cases Withdrawal of appeal Appeal by respondent where appeal withdrawn Failure to file record Fees and security for costs on cross-appeal Additional parties Amendment and default Notice of non-appearance and written argument Heads of argument Non-appearance of parties at hearing Hearing of appeals Judgment in civil cases Interest Order Poor persons PART IV . 51. 58. 72. 52. 66. 56.47. 54. 68. 64. 59. 76. 69. 75. 70. 71. 61. 60. 67. 62. 65. 50. 48. 73. 49. 55. 63. 57. 53.

"court below" includes. 13 of 1994 PART I GENERAL 1. These Rules may be cited as the Supreme Court Rules 2. unless the context otherwise requires"appellant" includes applicant. in relation to an appeal to the Court. either directly or by way of further appeal from the judgment of a court acting in its appellate jurisdiction. 80. 78. "direct appeal" means an appeal direct from a subordinate court to the Title Interpretation . Orders as to costs Clerical errors and accidental slips or omissions Obsolete Has had its effect FIRST SCHEDULE-Fees of Court SECOND SCHEDULE-Costs THIRD SCHEDULE-Prescribed forms SECTION 28-THE SUPREME COURT RULES Rules by the Chief Justice Statutory instruments 70 of 1975 85 of 1975 100 of 1986 173 of 1990 45 of 1995 86 of 1997 Act No. 79. any court established for the Republic and any judicial or quasi-judicial tribunal or body in respect of the judgment of which or the proceedings before which such appeal is brought to the Court.MISCELLANEOUS AND TRANSITIONAL PROVISIONS 77. (1) In these Rules.

"presiding judge" means. "proceedings" includes. 97 . unless the context otherwise requires. notice of motion. and includes. "Registrar of the High Court" includes Deputy Registrar and District Registrar of the High Court. in relation to a criminal offence. in addition to the meaning assigned to it by section two of the Act. "Registry" means the Registry of the Court in Lusaka. "respondent" includes any person served with a notice of appeal or application. "single judge" means a single judge of the Court. or summons. "revenue stamps" means stamps prescribed by any written law for use in payment of fees. in relation to an appeal to the Court.Court in terms of section twelve of the Act. in charge of a prison under the provisions of section five of the Prisons Act. "register". "respondent's notice" means the notice of cross-appeal which a respondent is required to give under rule 61. in the case of a Cap. or entitled to be so served. in relation to the registration of any proceedings in the Court. the Director of Public Prosecutions. means the appropriate register kept by the Master for registration of the proceedings in question. in relation to the hearing of any appeal or any application therein or to the delivery of any judgment thereon. or deemed to be. "first appeal" means an appeal against a judgment of the High Court in the exercise of its original criminal jurisdiction and against a judgment of a subordinate court in the case of a direct appeal. the proceedings at first instance in respect of which the appeal is brought and any proceedings subsequent thereto by way of appeal and all applications relating to such proceedings as aforesaid. "judgment" includes. (2) In these Rules. summing up. "officer in charge of the prison" means the person appointed to be. "subsequent appeal" means an appeal from the judgment of a court below acting in its appellate or revisional jurisdiction. "second appeal" means an appeal against a judgment of the High Court in the exercise of its appellate criminal jurisdiction. the senior judge of the Court as constituted for that appeal or application.

(2) Vacations of the Court and arrangements made for business during vacations shall be advertised and notified in like manner. (ii) a reference to the trial judge shall be read as a reference to the trial magistrate. (1) The Registry shall be situated in Lusaka. (1) The sittings of the Court and the matters to be disposed of at such Notice of sittings. vacations and sittings shall be advertised and notified in such manner as the Chief business Justice may direct. 4. Sunday if done on the next following day not being a Saturday or a Sunday or a or public holiday public holiday. 3. Any act required to be done by a person on a date which falls on a Acts to be done on Saturday or on a Sunday or a public holiday shall be valid and effective a Saturday. and (iii) a reference to the Registrar of the High Court shall be read as a reference to the clerk of the subordinate court in question. (3) All documents and proceedings filed subsequently to the institution of any proceedings in the Court shall be filed in the Registry. 5.direct appeal(i) a reference to the High Court shall be read as a reference to the subordinate court whose judgment is the subject of the appeal. Registry 7. Whenever under these Rules any document other than a record of appeal is required to be filed with the Court there shall also be filed four copies of such document. (2) Proceedings in the Court shall be instituted in the Registry. but the Master may in any case order that a greater or lesser number of copies shall be filed. Interlocutory applications may be heard and determined by a single Interlocutory applications judge: Provided that no direction or order made on an interlocutory application . Copies 6.

service may be effected by delivery at that address. (1) All proceedings in the Court shall be on metric A4 paper of good quality. No. or that notice thereof be served in lieu in like manner. and unless the Court shall otherwise order. rules. 85 of 1975) 9. (4) The Court may order that process of the Court be served out of the jurisdiction. (5) The Court may in any case order that process of the Court be served upon any party to the proceedings in the Court below on whom it has not been served. and such judge may give such directions or make such order thereon as he thinks fit. The Court may order substituted service of any process and may order that service be deemed to have been effected at any time and in any manner.shall operate so as to prejudice the Court from giving such decision upon the case as may be just. notices and mandatory processes whatsoever of the Court may be signed by any judge of the Court or by the Master and shall be sealed with the seal of the Court. (As amended by S. proceedings Process of the Court and service . (1) All summonses. Service shall ordinarily be personal. Form of 10. or upon any person not party to those proceedings. unless the nature of the document renders it impracticable. Any person aggrieved by anything done or ordered to be done by the Setting aside or Master. Such applications shall be made by notice of motion supported by affidavits setting out the complaint and the relief sought. other than anything ordered or done by the direction of the Chief varying order of Master Justice.I. (2) Process of the Court may be served in such manner as the Court may direct. Every order of the Court shall be dated as of the date on which the judgement was given or order made and shall in addition show the date on which the order was extracted. may apply to a single judge to have the act. but where a party to any proceeding has given an address for service. service of any process shall be effected in such manner as would be appropriate if it were process of the High Court. warrants. orders. 8. order or ruling complained of set aside or varied. (3) Subject as aforesaid.

or in any combination of those media. (1) The Court shall have power for sufficient reason to extend time Extension of time for making any application. or for taking any step in or in connection with applications any appeal. (4) A record of appeal shall be paged continuously throughout. but in criminal cases the preliminary pages comprising the documents relating to the appeal may for this purpose be disregarded. (3) In any order extending the time for doing any act. notwithstanding that the time limited therefor may have expired. the Court shall specify the time within which such act shall be done. including an application for leave to appeal. or by any written law. and whether the time limited for such purpose was so limited by the order of the Court or by these Rules. The Court shall have power to allow amendment of any proceedings in the Court. Power to amend 12. if long. be in more volumes than one. The title of the appeal shall appear on the outside cover. . typewritten. Only one side of the paper shall be used and a margin of not less than 4 centimetres shall be left on the left-hand side of each sheet to permit of binding in book form. and may. mimeographed. written or reproduced in photostat. (2) Whatever medium of reproduction may be adopted the taxing officer shall on taxation allow only those costs which would in his opinion have been incurred by using the most economical method permitted. 11.and shall be clear and easily legible and may be printed. and late or for bringing any appeal. (5) Every fifth line of every record of appeal shall be indicated by numbering in the unbound portion of the margin. (3) A record of appeal shall be bound in book form with an outside cover of stout paper. (2) An application to the Court for an extension of time under this rule in criminal cases shall be in Form CRIM/3 and in Civil cases in Form CIV/2 of the Third Schedule.

Provided that no fees shall be payable upon a criminal appeal. and such judge may make such order thereon as he thinks fit. The fees set out in the First Schedule shall be payable in respect of Prescribed fees proceedings in and in relation to the Court. shall not file any notice of appeal or other document instituting an appeal or any application which is delivered after the expiration of the times set out in these Rules unless leave to appeal or to make application out of time has been obtained. or on any application in connection therewith. in accordance with the provisions and scales set out in the Second Schedule. shall be taxed by the Master or such other officer of the Court as the Chief Justice may designate in any particular case or cases. and the court may make such order thereon as it thinks fit. Prescribed forms Costs 15. but shall notify the appellant or his practitioner that his appeal or application is out of time. (1) The Master shall. 14. after obtaining directions from the Chief Notice of hearing . as the case may be. (2) If in any civil appeal the services of any interpreter other than an official Court interpreter are required. the Court may direct that the expenses and fees of such interpreter shall be borne by any party and the same may be assessed or taxed accordingly. The forms set out in the Third Schedule shall be used when applicable and practicable with such variations as the circumstances of the particular case require. 16. (4) Any person aggrieved by an order of such judge may apply to the court to set aside or vary such order.(4) The Registrar of the High Court or the Master. (1) The costs of any proceedings in the Court. 13. unless assessed by the Court. (3) Any person aggrieved by an order on taxation may apply to a single judge to have the order complained of set aside or varied. or for the supply of a copy of the record of appeal therein to any appellant or respondent.

(5) For the purpose of this rule. Whenever application may be made to the Court or to the High Court. time and place of hearing of an application or appeal to be served upon the appellant and respondent or non-appearance at hearing their practitioners. an application shall be intituled as a criminal or civil application and in the matter of the intended appeal or otherwise as may be appropriate. (4) If no appeal is pending. Applications to the High Court first Applications to the Court . (3) If an appeal is pending. 18. an appeal shall not be pending until it has been duly entered in the register of the Court. (3) When at the time set down for the hearing of an application or appeal there is no appearance for the appellant and no written argument has been submitted in terms of rule 34. the single judge who has dealt with or refused any application may sit as a member of such Court and take part in determining such application. (1) An application to the Court not involving the decision of an appeal shall. be made in the first place to a single judge.and Justice. the Court may strike out the application or appeal or may proceed to determine the application or appeal after hearing any other party or practitioner present and entitled to be heard. cause notice of the date. any application made in connection therewith shall be intituled in the appeal. (2) It shall not be necessary to serve notice of hearing on any person who has lodged a statement of his case under rule 34 and who has signified that he does not intend to appear at the hearing. it shall be made in the first instance to the High Court. 17. (2) Applications to a single judge shall be heard in open court or in chambers as the single judge may direct. unless made informally in the course of the hearing of an appeal. (6) For the purpose of constituting a Court.

if practicable. The Court shall have power to adjourn any proceedings pending or Adjournment current before it from time to time and from place to place. If a respondent intends to take a preliminary objection to any objection appeal he shall. and if such notice be not given the Court may refuse to entertain the objection or may adjourn the hearing and make such order as to the Court may seem just. subject to the provisions of rule 28. PART II CRIMINAL APPEALS 21.Preliminary 19. and. 20. (2) Every notice of intention to appeal shall state shortly the effect of the judgment appealed against. . shall be signed by the appellant or his practitioner. give reasonable notice thereof to the Court and to the other parties to the appeal. shall contain a full and sufficient address at which any notice or document connected with the appeal may be served upon the appellant or upon his practitioner. 23. The provisions of this rule shall apply mutatis mutandis to a cross-appeal. (3) The Registrar of the High Court shall forthwith transmit two copies of the notice of intention to appeal to the Master who shall enter the appeal in the register and inform the Registrar of the High Court of the serial number assigned thereto. 22. Every appeal shall be brought by notice of intention to appeal or by Institution of appeal an application for leave to appeal. This Part shall apply only to criminal appeals and applications and Application to matters related thereto. (1) Every notice of intention to appeal shall be in writing and shall Notice of intention to appeal be lodged in triplicate with the Registrar of the High Court within fourteen days of the date of the judgment appealed against.

24.(4) Upon receipt of a notice of intention to appeal. (5) Where more persons than one have been jointly tried and any two or more of them desire to appeal. the Master shall notify the Director of Public Prosecutions thereof by sending him a copy of the notice. the Master shall notify the Director of Public Prosecutions and shall send him a copy of the notice of application for leave to appeal. but where more appeals than one are brought arising from convictions at the same trial they shall. unless the Court otherwise orders. and the Master shall forthwith enter the application in the register and notify the Registrar of the High Court of the application and the serial number assigned thereto: Provided that where leave to appeal is given by the High Court when judgment is pronounced. 25. (1) Save where leave to appeal has been given by the High Court as Leave to appeal provided in subsection (1) of section fourteen of the Act. (2) Where leave to appeal is given by the Court or a single judge. Every notice of intention to appeal shall be deemed to institute one appeal. notice of intention to appeal shall be lodged in the manner provided by rule 23 and shall be endorsed by the Registrar of the High Court with a certificate that such leave has been granted. an appellant seeking leave to appeal shall apply for such leave by lodging with the Master within fourteen days of the judgment against which he intends to appeal a notice in triplicate substantially in Form CRIM/2. they may at their option file separate or joint notices of intention to appeal. be deemed to have been consolidated and shall proceed as one appeal. (6) A notice of intention to appeal shall be substantially in Form CRIM/1 of the Third Schedule. (1) The appellant may include in the notice of intention to appeal Grounds of appeal grounds of appeal setting out in paragraphs numbered consecutively particulars of the matters in regard to which the court below is alleged to have erred: Provided that if grounds of appeal are not so included the appellant shall .

(As amended by S. 26. Where any application has been dealt with by a single judge. lodge with the Master within fourteen days of receipt of such notification a notice substantially in Form CRIM/12 requesting his application to be heard by the full Court. the refusal of his application by such judge shall be final. (3) Every application for leave to appeal shall contain a statement of the appellant's grounds of appeal as aforesaid and if leave is granted the appellant may file additional or amended grounds of appeal within fourteen days of receipt of the record. any notice or proceedings may be signed on his behalf by a practitioner or by any person including a medical officer or officer in charge of the prison in whose care or . If the appellant has not lodged such notice within the time prescribed. the Procedure where single judge Master shall notify the appellant in Form CRIM/11 of the decision refuses application thereon. No 85 of 1975) Signature of 28. 27.file grounds of appeal as aforesaid within fourteen days after receipt of the copy of the record referred to in rule 31 and should the appellant fail to file grounds of appeal within such period the appeal shall be deemed to have been abandoned. but nothing in this sub-rule shall restrict the power of the court to make such order as the justice of the case may require. Any application made to the Court and not specifically dealt with Other criminal elsewhere in these Rules shall be brought by notice in writing setting out applications the nature of the application and shall be lodged in triplicate with the Master. (4) Except by leave of the court the appellant shall not be permitted on the hearing of the appeal to rely on any grounds of appeal other than those referred to in this rule. (2) Where grounds of appeal have been included in the notice of intention to appeal the appellant may file additional or amended grounds of appeal within fourteen days after receipt of the copy of the record. When an appellant is notified that such application has been refused he shall. (1) If the appellant is of unsound mind or is under any disability proceedings which prevents him from signing his name.I. if he wishes his application to be heard by the full Court.

(2) The Registrar of the High Court shall also furnish each appellant and each respondent to an appeal with a copy of the said record. (2) Where stay of execution of a judgment containing a sentence of imprisonment is ordered under sub-rule (1) and the Court subsequently dismisses the appeal. other than documentary exhibits. If in any case the Court considers that explanation of the judgment Grounds of of the trial court would be of assistance to the Court. on such terms as to security for the payment of any money or the performance or non-performance of any act or the suffering of any punishment ordered by or in such judgment. 31. (1) Upon receipt of a notice of intention to appeal or application for Preparation of leave to appeal. (3) Every record shall be prepared in accordance with rule 10 and shall compromise the following items in the order in which they are hereinafter set out: . as to such Court may seem reasonable. Original exhibits. (1) Subject to the provisions of section eighteen of the Act no appeal shall operate as a stay of execution. or makes an order that the appellant shall serve some term of imprisonment. Stay of execution 29. but the High Court or the Court may stay execution on any judgment. shall not ordinarily be so transmitted but shall be retained by the Registrar of the High Court who shall transmit the same to the Court only if the Court shall so direct. 30. then the time during which the execution of the judgment was so stayed shall be excluded in computing the term of such sentence unless the Court otherwise orders.custody he may be for the time being. (2) In lieu of a signature an appellant may append his mark or his thumbprint to any notice or proceedings. it may direct that decision such explanation shall be furnished and shall form part of the record of the proceedings in addition to the judgment. the Registrar of the High Court shall forthwith prepare record the record and transmit to the Master five copies thereof together with the original record (including where appropriate the original record of any preliminary inquiry). pending appeal.

(viii) the proceedings including the evidence as recorded in the trial judge's notes of the trial or. (vii) the plea. (x) in the case of a trial with assessors. a copy of the transcript thereof: Provided that the court may call for the production of the judge's notes of the proceedings. (xii) any explanation of the judgment furnished pursuant to rule 30. or additional or amended grounds of appeal. the summing up to the assessors and their recorded opinions. if any. (iv) any grounds of appeal filed separately from the notice of intention to appeal. (ii) a certificate of record as required by sub-rule (4). (vi) the information or charge. Whenever the record comprises more than one volume. (ix) a record of the evidence adduced. (iii) the notice of intention to appeal. (xiii) a record of the proceedings on or after sentence. the index shall appear in the first volume only. (xi) the judgment and sentence of the High Court. (v) a copy of the appeal aid certificate (if any) granted by the High Court. in so far as not included in the note or transcript of . in mitigation of sentence. As regards the trial judge's notes of the evidence and any transcript of a shorthand note or an electronic or other mechanical recording of the evidence.(a) in the case of a first appeal: (i) a complete index of the evidence and all proceedings and documents in the case showing the pages at which they appear. if such proceedings were recorded by shorthand or by means of a recording apparatus. the index shall show the names of all witnesses and the relevant pages of the record as well as indicating the numerical sequence of witnesses.

the index shall show the names of all witnesses and the relevant pages of the record as well as indicating the numerical sequence of witnesses. (ii) a certificate of record as required by sub-rule (4). such as reports on the appellant's state of mind or health. where leave to appeal has been given by the High Court as provided in subsection (1) of section fourteen of the Act. (xvi) all documentary exhibits put in at the trial. (xvii) any other documents which the trial judge may order to be included. indicating those which are being retained by the trial court and those which are being forwarded to the Court. Whenever the record comprises more than one volume the index shall appear in the first volume only. (iv) any grounds of appeal filed separately from the application for leave to appeal or the notice of intention to appeal. photographs and plans: Provided that in the case of books of account or documents of great length or bulkiness. the notice of intention to appeal. as the case may be. (b) in the case of a second appeal: (i) a complete index of the evidence and all proceedings and documents in the case showing the pages at which they appear. or additional or amended grounds of appeal. made after sentence. copy extracts of the relevant parts thereof only shall be included. (iii) the application for leave to appeal or. As regards the notes of the evidence taken at the trial or any transcript of a shorthand note or electronic or other mechanical recording of such evidence. (xv) a list of the exhibits put in at the trial.the hearing. or which appear to the Registrar of the High Court to be necessary for the proper disposal of the appeal. including any deposition admitted in the absence of an intended witness. . (xiv) a list of the previous convictions (if any) of the accused.

a copy of the transcript thereof: Provided that the court may call for the production of the magistrate's notes of the proceedings. (x) a record of the proceedings on or after sentence. shall certify as correct each copy of the record to be transmitted by him under the provisions of this rule. (xi) a record of any additional evidence given. (1) If the appellant is in prison he shall be deemed to have complied Procedure where with the requirements of these Rules if he gives to the officer in charge appellant in prison of the prison his notice of intention to appeal or application for leave to appeal within the time prescribed. 32. if such proceedings were recorded by shorthand or by means of a recording apparatus. (4) It shall not be necessary that copies of individual documents be separately certified. but the Registrar of the High Court. made after sentence. (vii) the proceedings including the evidence as recorded in the trial magistrate's notes of the trial or. or which appear to the Registrar of the High Court to be necessary for the proper disposal of the appeal. (xii) any other documents which the judge hearing the appeal in the High Court may order to be included. or. in so far as not included in the note or transcript of the hearing. the clerk of the subordinate court.(v) the notice of appeal to the High Court. (viii) the judgment of the High Court. or any exhibits received. . in the case of a direct appeal. (ix) any explanations of the judgment of the trial court furnished pursuant to rule 30. (vi) a copy of the appeal aid certificate (if any) granted by the High Court. such as reports on the appellant's state of mind or health. at the hearing of the appeal before the High Court. or any officer of such court appointed by him for such purpose.

the appeal or application shall without further order be deemed to have been dismissed or refused by the Court. it shall not be necessary for the repondent to appear at the hearing of the appeal. Heads of argument 35. Where an appellant wishes to present his case in writing under the Presentation of appellant's case in provisions of subsection (2) of section nineteen of the Act. (1) An appellant. if any stay of execution has been granted. (2) The Master shall give notice of such dismissal or refusal to the Registrar of the High Court and to the respondent and. (1) If the appellant is the People. at any time after he has lodged notice of intention Abandonment of to appeal or notice of application for leave to appeal. but if the Court is disposed to allow the appeal it may direct his attendance to hear judgment: Provided that the Court may for any sufficient reason direct his Attendance at hearing . The Court may require an appellant or respondent who will be represented by a practitioner at the hearing of the appeal to prepare a document setting out the main heads of his argument together with the authorities to be cited in support of each head. 34. he shall writing within fourteen days of the receipt by him of the copy of the record lodge five copies of the written statement of his case with the Master. 33. upon such notice being given.(2) Such officer shall forthwith record on such notice or application the date of receipt thereof and shall forward the same to the Registrar of the High Court. the sentence or order of the High Court shall forthwith be enforced. his appeal or application shall not be abandoned without leave of the Court. and to deliver five copies of such heads of argument to the Master and one copy thereof to each of the other parties to the appeal within such period prior to the day fixed for the hearing of the appeal as may be specified by the Court. may abandon his appeal or application by giving notice thereof to the Master substantially in Form CRIM/5 of the Third Schedule and. 36. or for an extension appeal of time within which such notice shall be given. (3) If an appellant is alleged to be of unsound mind.

(1) In dealing with any appeal the Court may. and may make any order therein in conformity with the provisions of the Act as to it may seem just. the respondent or his practitioner. if the appellant has presented his case in writing or has informed the Court that he does not wish to attend. and may hear the appellant or his practitioner in reply. (2) When additional evidence is taken by the trial court it shall certify such evidence. if it thinks additional Additional evidence to be necessary. whether in person or by practitioner. (3) Where an appeal is dismissed under sub-rule (2). The Court may. subject to the provisions of rule 41. and. either take such evidence itself or direct it to evidence and be taken by the trial court or by the Master or by some other person as report commissioner. be summarily dismissed or heard in the appellant's absence. and in any other case may. on the application of any person desirous of appealing or cross-appealing who may be debarred from so doing by reason of his not having observed some formality or some requirement of these Rules. and the Court shall thereupon. as the case may be. upon such terms as to costs or otherwise and subject to such directions as it may consider desirable in order that substantial justice may be done in the matter. determine the said appeal.attendance at any earlier time. when the appeal was called on for hearing. permit such person to prosecute his appeal or cross-appeal. 37. Irregularities 38. the Court may restore the appeal for hearing if it is proved to the satisfaction of the Court that the appellant was prevented by any sufficient cause from appearing. 39. the appeal may. if he appears. if he appears. to the Court. At the hearing of an appeal the Court shall hear the appellant or his Hearing and orders on appeal practitioner. with a statement of its opinion as to the credibility of the witness or witnesses giving such additional evidence. in its discretion. be heard in his absence. (2) If on the day fixed for the hearing of an appeal the appeallant does not appear in person or by practitioner. and may by such order exercise any power which any court below might have exercised. if it thinks fit. in the discretion of the Court. .

call for and receive from the trial court a report on any matter connected with the trial. then any person in whose favour or against whom any such order has been made. (2) The Court shall ordinarily give only one judgment. but the judgment of the Court or of the members of the Court. and. (3) The parties to the appeal shall be entitled to be present when such additional evidence is taken. the Court may in addition. on the hearing by the Court of an appeal against the judgment whether at first instance or on appeal relating to the conviction in respect of which such order was made. call for and receive from the High Court a report on any matter connected with the appeal proceedings before it. any other person. shall be read in open court by a judge thereof or by the Master at the time and place appointed or fixed as aforesaid.When additional evidence is taken by the Master or a commissioner. and in dealing with any second appeal. deliver judgment in open court: Provided that if the presiding judge so directs the Court shall not sit for the purpose of delivering judgment. if it thinks fit. as the case may be. 41. has been made by any court below in the course of any criminal trial or appeal. be entitled to be heard by the Court in regard to such order. (4) In dealing with any appeal the Court may also. shall. 40. which may be pronounced by the presiding judge or by such other member of the Court as the presiding judge may direct: . When an order for the restitution of any property to any person. but such evidence shall not be taken in the presence of a jury or assessors. The Court shall thereupon proceed in either case to dispose of the appeal. if it thinks fit. Judgment in either at once or on some future day which shall either then be appointed criminal cases for the purpose or of which notice shall subsequently be given to the parties. or Order for disposal of property for the forfeiture or other disposal of any property belonging to any person. (1) On the termination of the hearing of an appeal the Court shall. he shall certify such evidence to the Court. with the leave of the Court.

the High Court. of the result of such proceeding. (2) The trial court and. . Upon the final determination of an appeal the Master shall return Return of original any original depositions and exhibits to the Registrar of the High Court. and so far as possible any party to any proceeding in the Court who was not present or represented at the hearing thereof. depositions and exhibits Bail 46. if necessary. and a sealed copy of such order shall be sent by the Master to the trial court and. the judgment Order or order of the Court shall be embodied in a formal order by the Master.Provided that(i) if any judge of the Court dissents from the judgment of the Court it shall not be obligatory on him to sign the same. 42. when the appellant Notifying decision is in prison. the officer in charge of the prison. On the hearing and determination of an appeal or any proceedings Costs preliminary or incidental thereto. 45. shall thereupon make such orders as are necessary and comformable to the order of the Court and. (3) The judgment of any member of the Court who is absent may be read by any other judge of the Court or by the Master.I. (1) Whenever a criminal appeal or matter is decided. (1) An application for bail to the Court shall be made substantially in Form CRIM/6 of the Third Schedule. (ii) separate judgments shall be delivered if the presiding judge so directs. In drawing up such order it shall not be necessary for the Master to consult the parties to the appeal or their practitioners. 43. 85 of 1975) 44. no costs shall be allowed on either side unless the Court otherwise orders. in the case of a second appeal. No. (As amended by S. to the High Court. in the case of a second appeal. The Master shall inform each court below and. the record shall be amended in accordance therewith.

(3) Any application made to a single judge may be adjourned by him for the consideration of the Court. In such event the applicant shall before the date of the adjourned hearing file three extra copies of any affidavits filed by any respondent prior to such order for adjournment. (1) Applications to a single judge shall be made by motion or summons. (4) Any person aggrieved by any decision of a single judge who desires to have such decision varied. (2) Notice of motion and copies of any affidavits and other documents filed shall be served on all necessary parties not less than two clear days before the hearing: Provided that in case of urgency application may be made ex parte and without notice. for the use of the Court. and shall if necessary be supported by affidavits. bail by the Court. if none. by the Master. or. discharged or reversed by the Court under paragraph (b) of section four of the Act. 88 PART III CIVIL APPEALS 47. shall in like manner file before Application and interpretation Civil applications . This Part shall apply only to civil appeals and applications and to matters related thereto. and the grant of. The proceedings and other documents relating thereto shall be filed in duplicate. which shall state the grounds of the application. 48.(2) The provisions of sections one hundred and twenty-three to one hundred and thirty-one (both inclusive) and one hundred and thirty-three of the Criminal Procedure Code shall apply mutatis mutandis to applications for. but in any case a certificate of urgency signed by the practitioner for the applicant. Cap. shall be filed with the proceedings.

and shall be so filed within thirty days after the judgment complained of. of the decision is complained of. Notice of appeal . (5) An application involving the decision of an appeal shall be made to the Court in like manner as aforesaid. but the proceedings shall be filed in quintuplicate and the application shall be heard in Court unless the Chief Justice or presiding judge shall otherwise direct. The Registrar of the High Court shall forward one copy of the notice to the Master. other than an order for adjournment or an order made without formal application in the course of the hearing of an appeal. (8) A summons shall be substantially in Form C of the Third Schedule. (2) the notice of appeal shall be intituled in the proceedings from which it is intended to appeal and shall be filed therewith in duplicate with the Registrar of the High Court. (1) Any person desiring to appeal to the Court shall give notice of appeal as hereinafter provided. (4) Any appellant may appeal from the whole or any part of a decision and the notice of appeal shall state whether the whole or part only. including copies of any affidavits filed by any other party prior to the single judge's decision. and the relative motion paper shall be in similar form. (7) A notice of motion shall be substantially in Form B of the Third Schedule.the hearing by the Court three extra copies of the proceedings. 49. (6) Every order on an application. (3) A notice of appeal shall be substantially in Form CIV/1 of the Third Schedule. for the use of the Court. shall be drawn up and filed with the proceedings at the instance of the party in whose favour the order was granted. One copy of the notice of appeal for each party directly affected by the appeal shall at the same time be submitted by the Registrar of the High Court to the Master for sealing and return to the appellant or his practitioner for service in accordance with sub-rule (5). and what part.

Certificate of 52. . and shall. (1) Leave to appeal to the Court may be granted or refused by the Leave to appeal High Court without formal application at the time when judgment is given. 51. (3) An application to the Court for leave to appeal shall be made in accordance with rule 48. If leave is refused. An appeal shall not operate as a stay of execution or of proceedings Appeal not to under the decision appealed from unless the High Court or the Court so operate as stay of orders and no intermediate act or proceeding shall be invalidated except execution so far as the Court may direct.(5) The notice of appeal shall be served within the period of thirty days on all parties directly affected by the appeal or their practitioners respectively. Such application shall be intituled and filed in the proceedings from which it is intended to appeal. (6) The Court may in any case direct that the notice of appeal be served upon any party to the proceedings in any court below on whom it has not been served. (1) On the application of any person who has within the time limited given notice of appeal against any judgment. It shall not be necessary to serve parties not so affected. If leave is granted. unless the judgment was written. be supported by affidavit. which shall state the grounds of the application. The names and addresses of all persons intended to be served shall be stated in the notice of appeal. the order giving leave shall be included in the record of appeal. the judge who gave grounds of judgment or made the same shall. (2) In all other cases application to the High Court for leave to appeal to the Court shall be by motion or summons. the order refusing leave shall be produced on any application for leave to appeal made subsequently to the Court. certify in writing the grounds of such judgment. If leave is granted. and in such event the judgment shall record that leave has been granted or refused accordingly. the appellant shall proceed to give notice of appeal in accordance with the provision of rule 49. 50. but delay or failure so to certify shall not prevent the appellant from proceeding with his appeal. if necessary. and all necessary parties shall be served. or upon any person not party to those proceedings.

within fourteen days after service on him of the notice of appeal. No. and shall also within a further fourteen days serve a copy of such notice of address for service on every other respondent named in the notice of appeal who has filed notice of an address for service. (4) If any respondent fails or omits to file or serve such notice of address for service. notice of appeal from any judgment pronounced in such proceeding may be served on such party at such address for service notwithstanding that the address may be that of a practitioner who has not been retained for the purpose of an appeal. (3) Such notice shall be substantially in Form CIV/4 of the Third Schedule and may be signed by the respondent or his practitioner. (As amended by S. . it shall not be necessary to serve on him a copy of the record of appeal or of any other proceedings in the appeal or any notice of hearing thereof. Such person shall as soon as may be after he has filed the notice with the Registrar of the High Court file a copy thereof in the Registry. 85 of 1975) 53. and notice of any application preparatory or incidental to any such appeal may be served in like manner at any time before the date on which the respondent gives or ought to give notice of his address for service in accordance with sub-rule (2). (2) Every person who by virtue of service on him of a notice of appeal becomes a respondent to any intended appeal shall.I.(2) The Registrar of the High Court shall on the application of any party and upon payment of the prescribed fee furnish such party with a copy of the judgment or. (5) Any party to an appeal or intended appeal may change his address for service at any time by filing and serving on all other parties to the appeal or intended appeal notice of such change. as the case may be. the certificate in writing of the grounds of the judgment. (1) Where in any proceeding in the High Court a party has given an Address for service address for service. file with the Registrar of the High Court and serve on the appellant notice of a full and sufficient address for service.

without argument or narrative. the names of the respondents and their practitioners. or alternatively. if any. the Master shall enter the appeal in the register of civil appeals. in any case where it Security for costs or he thinks fit. and may order security to be given for the payment of past costs relating to the matters in question in the appeal. order security or further security for costs to be given. Such entry shall include the title of the cause or matter. (2) Upon an appeal being lodged as provided in rule 54. for such other order in regard to the appeal as he may require. (1) A register of civil appeals shall be kept in the Registry. The Court or a judge thereof may at any time. 13 of 1994) 55. such grounds to be numbered consecutively. and shall specify the points of law or fact which are alleged to have been wrongly decided. 57. paying the prescribed fee and lodging in Court the sum of two thousand fee units as security for the costs of the appeal. if any. Record of appeal Entry of appeal . the name of the appellant and his practitioner. (1) The record of appeal shall be prepared in accordance with rule 10 and shall include a memorandum of appeal and copies of the proceedings in the High Court and in any court below. If an appeal is not lodged as aforesaid the respondent may make application to the Court for an order dismissing the appeal for want of prosecution and. The Master shall assign a serial number to the appeal and shall inform the appellant of such number. and may make compliance with any such order a condition precedent to the entertainment of any appeal. upon application or of its or his own motion. and the date of such entry. Default in lodging appeal 56. the grounds of objection to the judgment appealed against. the appellant shall within sixty days after filing notice of appeal lodge the appeal by filing in the Registry five copies of the record of appeal. 58.54. (As amended by Act No. Subject to any extension of time and to any order made under rule Lodging appeal 12. (2) The memorandum of appeal shall be substantially in Form CIV/3 of the Third Schedule and shall set forth concisely and under distinct heads.

(c) the notice of appeal together with a copy of the order granting leave to appeal where appropriate. As regards the notes of the evidence taken in any court below and any transcript of a shorthand note or electronic or other mechanical recording of such evidence. so far as it is necessary for showing the matter decided and the nature of the appeal. including any person who in relation to such ground should have been made a respondent. (e) a statement showing the address for service of each party to the appeal. (b) a certificate of record signed by the Registrar of the High Court. or of the certificate issued under rule 52. together with proof of service on him of the notice of appeal. (g) copies of the documents in the nature of pleadings.(3) The appellant shall not thereafter without the leave of the Court put forward any grounds of objection other than those set out in the memorandum of appeal. has had sufficient opportunity of contesting the appeal on that ground. (4) The record of appeal shall contain the following documents in the order in which they are set out: (a) a complete index of the evidence and all proceedings and documents in the case showing the pages at which they appear. Whenever the record comprises more than one volume the index shall appear in the first volume only. (d) the memorandum of appeal. . or the name and last known address of any respondent who has not filed notice of address for service. if so furnished. (f) a copy of the judgment appealed against. the index shall show the names of all witnesses and the relevant pages of the record as well as indicating the numerical sequence of the witnesses. but the Court in deciding the appeal shall not be confined to the grounds put forward by the appellant: Provided that the Court shall not allow an appeal on any ground not stated in the memorandum of appeal unless the respondent.

if the hearing was recorded by shorthand or by means of a recording apparatus. if any. indicating those items which are being forwarded to the Master and those which are being retained by a court below. (6) The record shall be prepared by the appellant: . copies of certified translations thereof. (l) a list of exhibits. if such documents are not in the English language. (j) a copy of the notes of the hearing at first instance in the court below or. as may be necessary for the proper determination of the appeal.(h) copies of all affidavits read and all documents put in evidence in the High Court. without regard to the order in which the documents were submitted in evidence. (5) The appellant shall file in the Registry five copies of the record of appeal and at the same time serve a copy thereof on each party who has been served with the notice of appeal and has filed notice of address for service: Provided that if more respondents than one are represented by one practitioner it shall be sufficient to serve one copy on such practitioner. if any. (k) copy of the Certificate after Trial. a copy of the transcript thereof: Provided that the Court may call for the production of the notes of the hearing at first instance. as the case may be. and. so far as they are material for the purposes of the appeal. shall be arranged in the order in which they were originally filed. other documentary evidence shall be arranged in strict order of date. or schedule of evidence. affidavits. (m) copies of such exhibits or parts of exhibits (including correspondence) as are relevant to the matters in controversy on the appeal. including any interlocutory proceedings which may be directly relevant to the appeal. together with copies of documents exhibited thereto. (i) such other documents.

The Master may disallow on taxation the cost of any matter improperly included in any record or supplementary record of appeal. without prejudice to his rights. under rule 68. (8) For the purposes of sub-rules (6) and (7) "Registrar of the High Court" includes any officer of such court who may be appointed by the Registrar thereof for the purpose of the preparation of the record. (2) A supplementary record shall be prepared as nearly as may be in the same manner as a record of appeal. if the hearing was recorded by shorthand or by means of a recording apparatus. but if a respondent intends upon the hearing of the appeal to contend that the judgment of the court below should be varied he Costs of record Supplementary record Respondent's notice of cross-appeal . file five copies of a supplementary record of appeal containing copies of any further documents which in his opinion are required for the proper determination of the appeal. 60. and the appellant shall pay the prescribed charges thereof. (7) Each copy of the record shall be certified by the appellant or his practitioner. or. (ii) in all cases the Registrar of the High Court shall prepare the copy of the notes of hearing at first instance in the court below or. 59. (1) If the respondent is of the opinion that the record filed by the appellant is defective he may.Provided that(i) if the appellant is not represented by a practitioner the Registrar of the High Court upon request by such appellant and on payment of the prescribed charges shall prepare the record and necessary copies and for that purpose he shall be deemed to act as agent of the appellant and not as an officer of the High Court. if any. 61. (1) It shall not be necessary for a respondent to give notice of cross-appeal. by him. (3) A copy of the supplementary record shall be served on the appellant and on any other respondent who has filed notice of address for service. the transcript thereof. if prepared by the Registrar of the High Court.

62. but not more than fourteen days after the service on him of the record of appeal. whether of fact or law. and shall file in the Registry within the like period five copies of such notice. 63. impose terms as to costs. and shall concisely state such facts and documents as may be necessary to enable the Court to determine the appeal. (1) The parties to any civil appeal may concur in stating the questions of law or of fact or of both law and fact arising therein in the form of a stated case. if it thinks fit. (2) Every such stated case shall be divided into paragraphs numbered consecutively. (3) If the respondent fails to give such notice within the time prescribed he shall not be allowed. except by leave of the Court. give notice of cross-appeal. Withdrawal of appeal Stated cases . adjournment. or otherwise. (3) Upon the argument of the appeal the Court shall be at liberty to refer to the whole contents of such documents as are included in the stated case and the Court shall be at liberty to draw from the facts and documents stated any inference. to the appellant and to any other respondent named in the notice of appeal who may be affected by such cross-appeal (whether or not such other respondent has filed notice of address for service). (1) An appellant may at any time after lodging the appeal and before the appeal is called on for hearing serve on the parties to the appeal and file in the Registry a notice in Form CIV/7 of the Third Schedule to the effect that he does not intend further to prosecute the said appeal. which might have been drawn therefrom if included in the record of appeal. specifying the grounds thereof. at any time after receiving notice of appeal. (2) A respondent's notice shall be substantially in Form CIV/5 of the Third Schedule. to contend on the hearing of the appeal that the judgment appealed against should be varied: Provided that the Court may in its discretion hear any such contention and may.may.

any respondent who has given a respondent's notice may proceed with his cross-appeal. give a respondent's notice and proceed therewith in the manner prescribed by the foregoing rules. as the case may be. Where an appeal is withdrawn under the preceding rule. and filing and serving the record of appeal may. and for the making of an order as to the disposal of any sum lodged in Court as security for the costs of the appeal. and in any such case the times limited for giving notice of appeal. furnishing security for costs. on application to the Court or. entering the appeal. (3) If all the parties do not consent to the withdrawal of the appeal as aforesaid. to a judge of the High Court. (2) In any such case the respondent shall. respondent where appeal withdrawn any respondent who has not given a respondent's notice may. the appeal shall remain on the list. and the appeal shall thereupon be deemed to have been dismissed. Any respondent who proceeds with a cross-appeal under the for costs on provisions of rule 64 or 65 shall be required. within thirty days of the date of the withdrawal of the appeal or of the last day of the period prescribed for the lodging of the appeal. be extended so far as is reasonably necessary in all the circumstances of the case. to pay the amount of such cross-appeal fee. 64. and shall serve copies thereof on the appellant and on any other parties to the appeal. as soon as possible. In such event any sum lodged in Court as security for the cost of the appeal shall be paid out to the appellant. as prescribed by rule 58. and shall come on for the hearing of any issue as to costs or otherwise remaining outstanding between the parties. but shall not be required to furnish security for costs unless the Failure to file record . if the appeal has not been lodged.(2) If all parties to the appeal consent to the withdrawal of the appeal without order of the Court. or within such time as may be allowed by the Court. the appellant may file in the Registry the document or documents signifying such consent and signed by the parties or by their practitioners. Fees and security 66. file five copies of a record of appeal. (1) Where an appellant omits to comply with rule 54. 65. or where Appeal by notice of appeal has been given but the appeal has not been duly lodged. unless the appellant has paid the prescribed fee on lodging the appeal.

substantially in Form CIV/6 of the Third Schedule. adjourn the hearing upon such terms as may appear to the Court or a judge thereof to be just. direct that the record of appeal. shall immediatley after filing such notice serve a copy thereof and a copy of his argument on each of the other parties to the appeal or their practitioners.Court or a judge thereof shall so order. and may give such judgment and make such order as might have been given or made if the parties served with such record or notice had been originally parties. 67. either on the application of any party interested or of its or his own motion. or other part of the record of appeal on such terms as the Court or such judge thinks fit. for the purpose of such service. (2) The appellant or respondent. 68. (1) The Court or a judge thereof may at any time allow amendment Amendment and default of any notice of appeal. (2) In any such case the Court or a judge thereof may direct that any additional copies of the record or respondent's notice which may be necessary be prepared and served by any party upon any person and may prescribe the time therefor. together with five copies of such argument set out in numbered paragraphs under distinct heads as he desires to submit to the Court. Notice of non-appearance and written argument . (1) When an appeal is called for hearing or at any previous time the Additional parties Court or a judge thereof may. (1) An appellant or a respondent may at any time not less than seven days before the day fixed for the hearing but after lodgment file in the Registry a notice in writing. may be dismissed. that he does not wish to be present in person or by practitioner on the hearing of the appeal. (2) If the record of appeal is not drawn up in the prescribed manner. and may. be served on any party to the cause or matter who has not been served therewith. or any respondent's notice. or respondent's notice. as the case may be. or memorandum of appeal. the appeal. 69. or any other person not already a party to the cause or matter. and may likewise make any such amendment of its own motion.

if on any day fixed for the hearing of an appeal(a) the appellant does not appear in person or by practitioner. not later than seven days before the day fixed for the hearing. or struck out under the provisions of sub-rule (1). as the case may be. Hearing of appeals Non-appearance of parties at hearing . and.Heads of argument 70. (c) no party appears either in person or by practitioner. and any respondent fails to appear either in person or by practitioner. (2) The appellant shall. (1) An appellant or respondent who will be represented by a practitioner at the hearing of the appeal shall prepare a document setting out the main heads of his argument together with the authorities to be cited in support of each head. unless the Court for any sufficient reason sees fit to adjourn the hearing. the appeal may be adjourned. in similar manner. (2) Where any appeal is dismissed. (1) Subject to the provisions of rule 69. 71. 72. deliver five copies of his heads of argument to the Master and one copy thereof to each of the other parties to the appeal. not later than three days before the day fixed for the hearing. where it is proved that there was sufficient reason for the absence of such party. (b) the appellant appears. deliver his heads of argument. or dismissed. any party who was absent may apply to the Court for the re-hearing or hearing of the appeal. allowed. the appeal may be dismissed. the appeal shall proceed in the absence of such respondent. struck out. Appeals to the Court shall be by way of re-hearing on the record and any further evidence received under section twenty-five of the Act. and each respondent shall. the Court may order that the appeal be restored for hearing upon such terms as to costs or otherwise as it thinks fit. (3) The provisions of this rule shall apply mutatis mutandis to the hearing of any cross-appeal.

and to any court below. unless the Court otherwise orders. at the rate recognised by the High Court. (3) A sealed or certified copy of the order shall be sent by the Master to the Registrar of the High Court. but no fee . and to the parties or their practitioners.73. (2) Such judgment may be pronounced notwithstanding the absence of the judges who composed the court or any of them. (2) It shall be the duty of the party who is successful in the appeal to prepare without delay a draft order and submit it for the approval of the other parties to the appeal. and the Registrar of the High Court may compute such interest without any order for that purpose. If the parties do not agree upon the form of the order. interest on any sum remaining due or damages payable as a result of the termination of the appeal shall be allowed for such time as satisfaction of the judgment shall have been delayed by the appeal. and the judgment of any such judge not present may be read by any judge present or by the Master. (1) An application for leave to appeal to the Court as a poor person Poor persons shall be made to a single judge in accordance with rule 48. Order 76. (1) Every judgment of the Court shall be embodied in an order. to the parties. (1) The judgment of the court shall be pronounced in open court. On any appeal. (4) Interlocutory orders shall be prepared in like manner. If the draft is so approved. either on the hearing of the appeal or at any subsequent time of which notice shall be given by the Master to the parties to the appeal. Judgment in civil cases Interest 74. and the parties shall be entitled to be heard thereon if they so desire. (3) Certified copies of the judgment shall be sent by the Master to the High Court and any court below. 75. it shall be submitted to the presiding judge or such other judge who sat at the hearing as the presiding judge may direct. the draft shall be settled by the presiding judge or by such other judge who sat at the hearing as the presiding judge may direct.

13 of 1994) PART IV MISCELLANEOUS AND TRANSITIONAL PROVISIONS .shall be payable on filing any such application. and it shall be the duty of the Master to take such steps as may be necessary to recover any sums becoming due under paragraph (d) of sub-rule (3). or that any specified sum less than the prescribed sum of two thousand fee units. (4) The appeal shall proceed in accordance with such order. be paid in respect of the appeal. or on payment of any specified sum less than the prescribed charges thereof. (d) that any sums the payment of which by the appellant has been excused by virture of such order shall be a first charge on any money or property recovered by the appellant in or in consequence of the appeal. (3) Upon any such application the single judge may order(a) that no Court fees. (2) Notwithstanding that the single judge may be satisfied as to the appellant's lack of means. the application may be dismissed if in the single judge's opinion the appeal would have no reasonable possibility of success. be lodged in Court as security for costs. (c) that the record of appeal be prepared by the Registrar of the High Court without payment therefor. (b) that no security for costs be lodged. (As amended by Act No. All respondents or intended respondents shall be served and they and the Master shall be entitled to be heard on any such application. or any specified amount less than the prescribed court fees.

80. and may assess the Cap. . or errors therein arising from any accidental slip or omission. 27 same. Clerical errors by the Court or a judge thereof in documents or accidental slips or process. Clerical errors and 78. Obsolete.77. 79. may at any time be corrected by the Court or omissions a judge thereof. or in default of provision therein in accordance with the scales provided for the High Court under the High Court Act. or in any judgment. The Court may make such order as to the whole or any part of the Orders as to costs costs of appeal or in any court below as may be just. or direct taxation thereof in accordance with the scales prescribed in the Second Schedule. Has had its effect.

FIRST SCHEDULE (Rule 13) PART I CIVIL APPEALS Item No. On entering or sealing a judgment 83 The decree or order decree or order given. On entering or sealing an order 44 The order made in chambers 5. directed or made at the hearing of an appeal or further consideration of an appeal or matter in Court 15. On reference from the Master to a 67 The reference Judge of the Court 16. On every notice of appeal 167 The filed copy 8. On filing a certificate of service 28 The certificate 4. On filing an application for leave 67 The application to appeal to the Court 11. On filing a bill of costs for taxation 44 The notice of taxation The certificate of allocaur 17. On filing a respondent's notice 167 The filed copy 10. On leave being granted to appeal to 67 The order Court 12. On the certificate or allocaur of the 67 results of taxation of a bill of costs-together with a further K15 for every K150 or part thereof of the amount allowed (excluding this fee) NOTE: Where the costs of any matter are assessed by the Court and ordered to be Document to be Receipted The affidavit The praecipe . On filing an affidavit 28 On sealing a writ of subpoena for 33 each witness 3. On hearing any appeal per day or 167 The judgment part of a day 14. On every bond 50 The filed copy 13. 2. Fee units 1. On filing a notice of motion or 83 The filed copy summons 7. On filing any notice not 44 The filed copy specifically provided for 6. On every memorandum of appeal 50 The filed memorandum 9.

for additional copies of documents or proceedings furnished upon the direction of the Master. no fees. Fee units On every search. 5. shall be in accordance with the provisions of the law applicable to the High Court. per page or part thereof (b) Checking. Except as provided for in Part II. if not herein before specified. correcting and certifying a translation not made by an interpreter of the Court. warrants. 1. 6 NOTES: 1. 2. shall be taken in any civil appeal. per page or part thereof On sealing additional copies of any judgement or order On certifying any documents as an office copy and additional of under seal Transcript of shorthand writer's notes or otherwise recorded proceedings.paid the appropriate fee under this item shall be payable on sealing the Order in addition to the 0á1 payable. In all proceedings in the High Court preparatory or incidental to an appeal to the Court. writ or other process of the High Court in respect of which execution or service is sought to be levied or effected. There shall be paid to the Sheriff or his officers such fees. per page or part thereof Service of any process or proceedings required to be served by the Court as prescribed by law Per page of the transcript of record 17 17 Document to be Receipted The praecipe The filed copy 3. PART III . 17 The filed copy 17 The filed copy 7. 44 44 The filed copy The filed copy 4. 17 The application 6. or records. per page or part thereof (a) Certified translation by an interpreter of the Court. PART II GENERAL Item No. the fees. expenses and travelling and subsistence allowances as are prescribed by law for the service or execution of any summons. other than those prescribed in this Part. 2. or consequential thereupon. per page or part thereof Certifying a copy of any document when not prepared by the Court. per case file For copies of judgement. 17 The filed copy 8. 17 The filed copy 9.

shall be the Taxing Officer. mutatis mutandis. 86 of 1997. owners.000 PART IV COMMISSIONERS' AND ASSESSORS' FEES A special Commissioner or Assessor shall be remunerated at the rate of K15. earnings or attendance.000 per hour or part thereof. 45 of 1995 and S. Save as to the items set out in Part II hereof.I.000 (Rules 15) COSTS PART I PRACTITIONERS' COSTS 1. No. . (As amended by Act No. exceed the sum of K1. or such other officer of the Court as the Chief Justice may designate in Taxing any particular case or cases. in respect of proceedings in the of Fees High Court. No. subject to a maximum of K120. unless otherwise ordered by the Court or Taxing Master. artisans and persons of similar status 5. 2. 13 of 1994 and S. directors or managers of business and expert witness 10. the fees allowable on a taxation shall be Tariff in accordance with the scales applicable.300 per diem if the witness has lost no wages or earnings or other income in attending the proceedings or for the period during which he has been away from home and in respect of which he has lost wages.000 15. does not exceed four hours Others 3. The Registrar. and shall be responsible for the Officer taxation of all costs incurred in respect of any proceedings in the Court.WITNESSES AND INTERPRETERS' FEES-CIVIL PROCEEDINGS The allowance for witnesses shall be as follows: Minimum payable Per Diem K Professional persons.000 Provided that the sum payable shall not.000 Clerks.I.000 in respect of any one day.) SECOND SCHEDULE Maximum payable Per Diem K 25.

who shall without reasonable excuse. provisions of Tariff 9. altered after being lodged 6. shall. in respect of appearance in Court. In order to diminish as much as possible the costs arising from the copying of documents to accompany briefs. The Taxing Officer may. and shall in addition be liable to pay for any unnecessary or improper expense to which he has put any party. allow as party and party costs(a) in any matter where two advocates are employed and the Court has certified that the case warranted such employment. the reasonable fee consequent thereon. In exceptional cases. the Taxing Officer shall thereupon issue a notice fixing the time. the Taxing Officer may. depart from any of the from provisions of the Tariff. Notice of taxation to be given by Taxing Officer 4. for good and sufficient reason. reasonable refreshers for each day subsequent to the first. Prior to the conclusion of the taxation of a bill the Taxing Officer may refer any Reference matter in dispute arising out of the taxation other than a question of quantum only for the to judge opinion of a judge of the Court. Whenever a practitioner shall have lodged a bill of taxation with the necessary papers and vouchers. 5. (b) in any matter which does not conclude upon the first day. Any practitioner. unless the Taxing Officer otherwise directs. 7. or put any other party to any unnecessary or improper expense relative to such taxation. or who shall in any way delay or impede the taxation. the Taxing Officer shall not allow the costs of any unnecessary duplication in a practitioner's brief. and in particular in the taxation of solicitor and client bills of Departure costs.3. Unnecessary copies Default of practitioner to attend taxation Appearance in Court . and date. or his representative. where strict adherence to such provisions would be inequitable. forfeit the fees to which he would otherwise be entitled for drawing the bill of costs and for attending the taxation. 8. or by permission or direction of the Taxing Officer or a be judge of the Court. at which the taxation shall be proceeded with and such appointment shall be not less than seven days after the date of lodgment. or on any date to which such taxation may be adjourned. No addition or alteration shall be made in a bill after it has been lodged for taxation Bills not to except by consent of the parties. fail to appear on the day appointed for taxation. after due notice.

no costs shall be allowed which appear to the Taxing Officer to have been incurred or increased through overpayment. and therefrom may make such order as the justice of the case may require. either in Party not person or by Counsel. shall be disallowed. such costs having not been agreed. but save as against the party who incurred Officer the same. over-caution. or may allow such party refusing or neglecting as aforesaid a nominal sum only or such other sum in respect of such costs as will prevent any other party from being prejudiced by such refusal or neglect. If more than one-sixth of the amount of the bill as delivered is disallowed on taxation the cost of preparing. costs 13. or to a judge thereof. or appearing matter in question. each such practitioner shall be entitled to be remunerated on the basis set out in the Tariff for the work necessarily done by him. extravagance. and also (if the circumstances of the case so require) why the practitioner should not repay to his client any costs which his client may have been ordered to pay to any other person. Party entitled to costs refusing to lodge bill for taxation . charges. If in any case it shall appear to the Court. or that by reason of any undue delay in proceeding under any judgment. 11. No costs shall be payable as between party and party. negligence. More than one practitioner engaged 12. any costs properly incurred have nevertheless proved fruitless to the person incurring the same. the Court. that costs have been incurred improperly or without reasonable cause. more than one practitioner has been necessarily engaged in the performance of any work covered by the Tariff. On every taxation the Taxing Officer shall allow all such costs. or on account of any misconduct or default of any practitioner. 16. filing. Excessive claim Costs improperly incurred by practitioners 15. and serving the bill. When any party who is entitled to costs. the Taxing Officer shall be at liberty to certify the costs of the other parties and certify such refusal or neglect. or out of any fund. and thereby prejudices any other party. or by payment of unjustified special charges or expenses to witnesses or other persons. may call on the practitioner by whom such costs have been incurred to show cause why such costs should not be disallowed as between the practitioner and his client. and of attending the taxation. unless so Order ordered by the Court. or by other unjustified expenses. Where in the opinion of the Taxing Officer. to bring in his costs for taxation or to procure the same to be taxed. 14. refuses. If costs are ordered to be paid without further direction they shall be for taxed as between party and party. or neglects. Notice of taxation need not be given to any party who did not appear. or did not present his case in writing at the hearing of the appeal. or a judge thereof. or mistake. and Discretion expenses as shall appear to him to have been necessary or proper for the attainment of of Taxing justice or for defending the rights of any party. notwithstanding that such practitioners are members or employees of the same firm. unless the amount is agreed between all parties affected.10.

The length of all documents not vouched for by attested copies or other satisfactory evidence shall be certified by the practitioner. according to the practice of the of party not Court. 18. and if such certificate be erroneous the Taxing Officer may disallow the costs of the documents so erroneously certified or any part thereof. the seventh column for the professional charges in accordance with the Tariff. and shall include at the end thereof a form of certificate. and if he is of opinion that any part of the costs occasioned thereby have been unnecessarily or improperly incurred. together with all documents or drafts or copies thereof shall be produced on taxation. such costs to be apportioned among them as the Taxing Officer shall deem fit. whether such separate proceedings were necessary or proper. he shall not be allowed any costs of such appearances unless interested . the third column for dates. in which he is not interested. Vouchers to be produced on taxation Costs where practitioner is employed by two or more parties Costs where trustees defend separately 20. Receipts or vouchers for all disbursements charged in a bill of costs. Bills of costs shall be intituled and filed in the proceedings and shall be prepared Manner upon foolscap size paper in seven columns. the fifth column for the Tariff item numbers. either as between party and party. the preparation of which is charged for by the folio. taxation the second column for the serial number of the items. month and day. and also the name and address of the practitioner (if any) for whom he is agent. allow but one set of costs for such parties. the fourth column for particulars of services charged for. the sixth column for disbursements charged for. unless otherwise ordered by the Court or a judge thereof. showing year. shall have the folios thereof consecutively numbered in the margin of the same.17. 21. as of preparing follows: bills for the first column for the Taxing Officer's deductions. Where any party appears upon any application or proceeding in court. Where the same practitioner is employed for two or more parties and separate proceedings are heard by or for any two or more such parties. the same shall be disallowed. or as between solicitor and client. the Taxing Officer shall consider in the taxation of such practitioner's bill of costs. starting from the left-hand side of the paper. or in Appearance chambers. In taxing the costs as between party and party or for payment out of a trust fund of joint executors or trustees who are separately represented. and the number of the folios shall be endorsed thereon in figures. Each and every page shall be totalled and a summary of the totals shall appear on the final page of the bill. for signature by the Registrar certifying the result of the taxation. 19. Every bill of costs which shall be lodged for taxation shall be endorsed with the name and address of the practitioner by whom it is lodged. or allocatur. he ought not to attend. allowing for items taxed off and for the taxation fee payable. All drafts and other documents. or upon which. the Taxing Officer shall.

Expenses of parties attending court as such shall not be allowed but an allowance Witnesses may be made for attendance of any necessary witnesses.. at the place in question. the mode of travel. and the notes of their evidence must be produced at the taxation. The Taxing Officer shall have power to limit or extend the time for any proceedings before him. save where the Court or a judge thereof shall otherwise order.the Court or a judge thereof otherwise orders. subject to review by the Court or a judge thereof. Discretion of Taxing Officer in allowing witnesses' expenses Meaning of "folio" Improper agreements 27.. Instructions to file notice of Appeal Not to exceed .. When taxing costs. shall be void. Any agreement for remuneration of a practitioner whereby he becomes financially interested in the result of any proceedings in the Court. A single figure or a group of figures up to four shall be counted as one word. occupation or rank in life of the witnesses or intended witnesses charged for. and to adjourn the same from time to time and from place to place. including parties. the distance they have had to travel. PART II TARIFF OR FEES Instructions 1. also that they were material and necessary witnesses for the party on the hearing. be regulated by the Taxing Officer. . actuaries and scientific persons to whom any question is referred. 26. Fee units . witnesses' expenses shall be supported by a statement signed by the practitioner and filed with the bills of costs stating the place of abode and the condition. The allowances for instructions and drawing any special affidavit shall include all Instructions attendances on the deponent to settle and read over. 25. The allowances in respect of fees to any accountants. and if by rail the class in which such witnesses travelled for the purpose of attending the hearing. shall. 22. quality. of such amount as would be allowed to such person for attendance in the High Court. merchants. The expression "folio" where used shall mean 100 words. to include attendance on deponent 23. . Time and adjournment 24. also whether to the knowledge or belief of the deponent they attended as witnesses in any other cause or came upon any other business. engineers.

Instructions to file Memorandum of Appeal (including grounds of appeal) 450 3. Instructions to appear for the Respondent to any application to an Appeal Minimum. Instructions. preparation and filing notice of Appeal 2.. 95 6.. preparation and filing of Respondent’s Notice (including grounds of cross appeal) 4... . . .. Instructions. including notes for use at the hearing of the appeal and researching into the law in preparation for the hearing. preparations and filing of Memorandum of Appeal (including grounds of appeal) 3. .. the High Court scale shall apply. . .. . B A A A SCALE A. .... A Practitioner of less than five years standing and experience or Legal Executive . 5. . .000. Instructions to appear for the Respondent to any application for an Appeal.. (As amended by S. Instructions.. . 13 of 1994) INSTRUCTIONS AND PREPARATION 1. 300 NOTE: In absence of any specific scale fees.. .. Instructions to file Respondent's Notice (including grounds of cross appeal) 450 4.00 . . preparation and filing of any other Notice/Application relevant to an Appeal.. . List of Authorities. A fee not exceeding (per hour or proportionately for any Part thereof) Maximum Fee K 1. . 6.. .95 2. Instructions to file any other Notice/ Application relevant to an Appeal Minimum. . Respondent's fixed costs on application to dismiss Appeal for want of prosecution under Rule 55 Minimum. . 200. . APPLICABLE SCALE B A. 173 of 1990 and Act No. . .. . Instructions. . 95 5. No. .I. . ... Preparing Heads of Arguments.

I.00 460.00 400. the High Court Scale shall apply.00 540. A Practitioner of more than ten but of not more than fifteen years standing and experience A Practitioner of fifteen or more years standing and experience.000. State Counsel 120. 5.000.00 300.00 360. No.00 500.2.00 NOTE: In the absence of any specific Scale fees.000. State Counsel 300.000.00 200. 5. A Practitioner of more than ten but of not than fifteen years standing and experience 4.00 SCALE B A fee not exceeding (per Hour or proportionately for any part thereof) Maximum Fee K A Practitioner of less than five years standing A Practitioner of more than five but of not more than ten years standing and experience.000.000.000. A Practitioner of fifteen or more years standing and experience. A Practitioner of more than five but of not more than ten years standing and experience 3.000.000. (As amended by S. 5 of 2000) THIRD SCHEDULE .

. . A General Heading. .. . . . . .. . . . . LIST OF FORMS TITLE General Form No.. . . . .. . ... ... .. . Rule 48 . 24 CRIM/3 Notice of Application for extension of time .. .. .. .. . .. .. ... . Rule CRIM/1 Notice of Intention to Appeal . 27 CRIM/13Notification of the Result of Application to the full Court . . TITLE Criminal Form No. ... . . .. .. . .. 27 CRIM/12Notice by Appellant requiring Application to be dealt with by the Court . 25 CRIM/5 Abandonment of Appeal . ... . 43 CRIM/16Notification of Abandonment of Appeal ... 43 CRIM/14 Notification that Decision of a Judge has become final through failure of Appellant to appeal within the time stated . .. . 48 .. 29 CRIM/7 Recognizance of Bail of Appellant. .(Rule 14) PRESCRIBED FORMS The forms prescribed in this Schedule or forms of like effect shall be used in all proceedings to which they may be applicable with such variations as the circumstances may require... 29 CRIM/10Notice of Hearing ... ... .. . . . .. ... .. .. . 27 and 43 CRIM/15Notification of Result of Final Appeal . 23 CRIM/2 Notice of Application to the Court for leave to appeal .. .. . .. . . .. ... . . ... ... 33 CRIM/6 Application for Bail pending Appeal . . 29 CRIM/9 Notice to Prison Superintendent to release an Appellant on Bail .. . ... 33 Civil ... .... .. . 16 CRIM/11Notification to Appellant of a Judge's Decision . . 29 CRIM/8 Certificate of Surety . . B Notice of Motion.. . 12 CRIM/4 Grounds of Appeal . .. C Summons . .. . . . .. . . . .... . .

. . . ...... . Respondent's Notice of Cross-Appeal . .. . . . ... 49 ...CIV/1 CIV/2 CIV/3 CIV/4 CIV/5 CIV/6 CIV/7 CIV/8 Notice of Appeal.... . . ... . . .. . ... . . .. .. Notice of Address for Service . 12 58 53 61 69 63 16 .. ...... .. ..... .. . Notice of Application for Extension of Time Memorandum of Appeal . . Withdrawal of Appeal . Notice of Non-Appearance . . . Notice of Hearing . . .. . ......

FORM A General Heading Appeal/Application No. IN THE SUPREME COURT OF ZAMBIA HOLDEN AT CRIMINAL/CIVIL JURISDICTION BETWEEN: Appellant/Applicant and Respondent .

...... day.................. o'clock in the noon...... 19................. .................... in support of the application the affidavit(s) of sworn the . this .............. TAKE NOTICE that the Supreme Court will be moved before Mr Justice ....FORM B (Rule 48) REPUBLIC OF ZAMBIA NOTICE OF MOTION Appeal/Application No.... day of Master of the Supreme Court of Zambia Date To: The Appellant of The Respondent of Mr for the Applicant will read.......... IN THE SUPREME COURT HOLDEN AT CRIMINAL/CIVIL JURISDICTION BETWEEN: Appellant/Applicant and Respondent An application in respect of a judgment of the High Court (Mr Justice ) appeal from sitting at in its original/appellate jurisdiction and dated the....... the....... day of. or so soon thereafter as Counsel can be heard... at the hour of...... 19.............. by Mr of Counsel on behalf of the Appellant/Respondent/ for an Order thaton the grounds that(Signed) Appellant/Applicant Address for service ................ .. on....... ............. Dated at .... 19... day(s) of ... day of.................. 19.....

. (2) Inapplicable words.. ....". on this form should be deleted..NOTES: (1) A Notice of Motion to be heard by the full Supreme Court shall commence as follows: "TAKE NOTICE that the Supreme Court will be moved on ......... etc.

.. noon.......... at the hour of ..... 19........ on the ............................. IN THE SUPREME COURT HOLDEN AT CRIMINAL/CIVIL JURISDICTION BETWEEN: Appellant/Applicant and Respondent An application in respect of a judgment of the High Court (Mr Justice ) appeal from sitting in its original/appellate jurisdiction at and dated the .......... for an Order thaton the grounds thatDated at this ............ day(s) of . 19.......... NOTES: (1) A Summons before the Master should commence as follows: "LET ALL PARTIES attend before the Master of the Court at the Registry of the Supreme Court at ........ day of 19............... This Summons was taken out by whose address for service is Master of the Supreme Court of Zambia Dated To: The Appellant of The Respondent of Mr for the Applicant will read in support of the application the affidavit(s) of sworn on the ......................... 19........ ........................... LET ALL PARTIES concerned appear before Mr Justice in Court/Chambers at ...... day of ..... day of .... .................. o'clock in the ...... ...... or so soon thereafter as Counsel can be heard on the hearing of an application on the part of the Appellant/Respondent/.....FORM C (Rule 48) REPUBLIC OF ZAMBIA SUMMONS Appeal/Application No................

.......... etc.Lusaka ....".. on this form should be deleted. .. (2) Inapplicable words....

.......................... 19.) or The Senior/Clerk of the Court at . class/High Court sitting in its original jurisdiction (Mr Justice ......FORM CRIM/1 (Rule 23) REPUBLIC OF ZAMBIA ____________ NOTICE OF INTENTION TO APPEAL Supreme Court Appeal No.......... appeal to the Supreme Court against the conviction/sentence/order(s) of the Subordinate Court of the ............ (Signed) Appellant (or his Counsel) Address for service To: The District/Registrar of the High Court at Lusaka/Ndola (Case No.) holden at .................... ......... (Case No..... IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant versus THE PEOPLE Respondent TAKE NOTICE that I.... ....................... .... at ....... ........ day of ...................... ......................) Filed this . WHEREBY the Subordinate Court/High Court convicted me of and sentenced me to and made an order/orders that My appeal is againstConviction and/or sentence... Dated at this ................. ........... .... The order/orders of the Court on the grounds hereinafter set forth.... 19............ 19............. GROUNDS: The appellant desires/does not desire to attend the hearing of the appeal.. on the day of .. day of ...................

The appellant is/is not on bail. etc. . NOTES: (1) Inapplicable words on this form should be deleted. (2) If the appellant is in custody the date of filing shall be the date the Notice is lodged with the Officer in Charge of the Prison. as provided on this form.. signed. (3) If there is insufficient space provided on this form for grounds of appeal the same may be submitted upon a separate sheet of paper and be dated.District/Registrar of the High Court or Senior/Clerk of the Court at The appellant is/is not in custody.

... AND the High Court (Mr Justice ) holden at ....... of the offence of ......... holden at ............. ..................day of ........ (Signed) Appellant (or his Counsel) Witness (If not represented by Counsel) To: The Master of the Supreme Court (in triplicate)...... ........ 19. IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION BETWEEN: and TAKE NOTICE that I..... on the . NOTE: Inapplicable words.......... on the ......... on this form should be deleted.. (High Court No .) dismissed my appeal allowed my appeal only in part by ordering that NOW DO HEREBY apply for leave to appeal against the said judgment of the High Court on the grounds hereinafter set forth.day of 19.......................... Court.. . day of ....... 19..... having by judgment dated the. having been convicted by the ..............................day of.. ....... 19.......... etc........ GROUNDS: Dated at this .FORM CRIM/2 (Rule 24) REPUBLIC OF ZAMBIA __________ NOTICE OF APPLICATION TO THE COURT FOR LEAVE TO APPEAL Supreme Court Application No........ and having been sentenced to and the said Court having further ordered ....... .... AND having appealed to the High Court against the said conviction/sentence/Order(s)...

....... 19.......day of .................. sentence and order of the court of trial............. day of. DO HEREBY give notice of application for an extension of time within which I may give notice of intention to appeal or notice of application for leave to appeal against the said judgment for the reasons and upon the grounds next following: (1) Reason for being out of time and grounds for extension (2) Particulars and dates of the conviction........ ......dated the ...... .......FORM CRIM/3 (Rule 12) REPUBLIC OF ZAMBIA NOTICE OF APPLICATION FOR AN EXTENSION OF TIME (CRIMINAL) Application No IN THE SUPREME COURT OF ZAMBIA HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Applicant/Appellant and THE PEOPLE Respondent TAKE NOTICE that I............................ being desirous of appealing against the judgment of the High Court (Mr Justice ) holden at............. ...... (Signed) Applicant (or his Counsel) Applicant's address for service Witness (If applicant is not legally represented) ... .. and of the decision of the Subordinate/High Court if appealed to (3) Grounds of appeal Dated at this.... 19.....

etc. signed. The Director of Public Prosecutions.. etc.To: The Master of the Supreme Court. (2) Inapplicable words. the same may be submitted upon a separate sheet of paper and be dated. as is provided on this form. on this form should be deleted.. . NOTES: (1) If not in custody the address of the applicant must be shown in full. etc. (3) If there is insufficient space provided on this form for reasons..

......... 19...... appealed/made application for the leave to appeal to the Supreme Court against the judgment of the Subordinate/High Court dated the .... day of .. ......... ........ day of .............. at Clerk of Court/Registrar of the High Court The appellant is/is not in custody...FORM CRIM/4 (Rule 25) REPUBLIC OF ZAMBIA ___________ GROUNDS OF APPEAL Appeal No IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant and THE PEOPLE Respondent WHEREAS I..... Filed this ....... 19. 19..... day of ..... the appellant filed a Notice of Intention to Appeal/was granted leave to appeal with/without grounds of appeal: TAKE NOTICE that the appellant will rely on the following/additional or amended grounds of appeal: GROUNDS-see overleaf/attached: Dated at this ......... ................... 19............................ AND WHEREAS on the day of ....... day of .................. ... 19................ The appellant is/is not on bail... .. ........ The Director of Public Prosecutions..... on the ...... (Signed) Appellant (or his Counsel) Address for service Witness (If appellant is not legally represented) To: The Registrar/District of the Clerk of Court/High Court at The Master of the Supreme Court....

signed. on this form should be deleted. NOTES: (1) Inapplicable words. as is provided on this form. etc..The appellant desires/does not desire to attend the hearing of the appeal.. etc. (2) If the appellant is in custody the date of filing shall be the date the Memorandum is lodged with the Officer in Charge of the Prison. (3) If there is insufficient space provided on this form for grounds of appeal the same may be submitted upon a separate sheet of paper and be dated. .

.... ....... The Director of Public Prosecutions........ the above-named Appellant/Applicant do hereby abandonall futher proceedings in the above matter... day of.. NOTE: Inapplicable words in this form should be deleted....... . IN THE SUPREME COURT OF ZAMBIA HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant/Applicant and Respondent TAKE NOTICE that I.. (Signed) Appellant/Applicant (or his Counsel) Address for service . 19. Witness (If Appellant/Applicant is not represented by Counsel) To: The Master of the Supreme Court. .............FORM CRIM/5 (Rule 33) REPUBLIC OF ZAMBIA __________ ABANDONMENT OF APPEAL (CRIMINAL) Appeal/Application No.. my appeal in the above matter in so far as it relates to Dated at this ...

....... fee units: (Signed) Appellant Address of service .......FORM CRIM/6 (Rule 29) REPUBLIC OF ZAMBIA APPLICATION FOR BAIL PENDING APPEAL Appeal/Application No..................................... . ........... on the following grounds: The undermentioned persons are willing to become sureties for my presence at the hearing and determination of the appeal: Name of surety Occupation Address Amount for which surety is willing to be bound ............. DO HEREBY give you Notice that I desire to apply to the Supreme Court for bail pending the hearing of my said appeal with/without sureties.....) dated relating to my said conviction and sentence................................... High Court or Subordinate IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant and Respondent I. having been convicted of the offence of and now being detained in the Prison undergoing a sentence of years/months and having given notice of intention to appeal to the Supreme Court against the judgment of the High Court/Case No.. Witness ................... fee units: Name of surety Occupation Address Amount for which surety is willing to be bound ....

. ....... 19.. day of . (2) Inapplicable words on this form should be deleted.Dated at NOTES: this .... as is provided on this form.... To: The Master of the Supreme Court of Zambia...... unless he is under disability..... (1) This form MUST be signed or thumbprinted at the time of application by the appellant................ (3) If there is insufficient space provided on the form for grounds the same may be submitted upon a separate sheet of paper and be dated and signed.. etc.... ......

. and the said Court has granted him bail on entering into his own recognizances in the sum of ... and in the meantime not to depart out of the Republic of Zambia. ........ lands and tenements to the use of the said Republic if he the said fail in the condition endorsed....................... etc.................. are to be addressed..... will be as of 19... of good and lawful money of the Republic of Zambia......... then this recognizance to be void.... to which Notices..... Master of the Supreme Court of Zambia CONDITION The condition of the within written recognizance is such that if he the said shall personally appear and surrender himself at and before the Supreme Court at at each and every hearing of his appeal to the said Court and at the final determination thereof and to then and there abide by the judgment of the said Court and not to depart or to be absent from the said Court at any such hearing without the leave of the said Court.....FORM CRIM/7 (Rule 29) REPUBLIC OF ZAMBIA __________ RECOGNIZANCE OF BAIL OF APPELLANT IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION Appeal Number BETWEEN: Appellant and THE PEOPLE Be it remembered that whereas .............. and with sureties each in the sum of .............. day of ... or else to stand in full force and effect....... The following portion to be filled up and signed by the appellant: On release on bail my residence..... 19. and was thereupon sentenced to ............ acknowledges himself to owe to the Republic of Zambia the said sum of .......... ............ the said ............ was convicted of on the ..... to be made and levied of his goods and chattels....... and ordered to and now is in lawful custody in the State Prison at and has duly appealed against his conviction (and sentence) (and order) to the Supreme Court and has applied to the said Court for bail pending the determination of his appeal.

...... ................................. .....follows: (Signed) Appellant Date.................... 19 ....................

FORM CRIM/8
(Rule 29) REPUBLIC OF ZAMBIA __________ CERTIFICATE OF SURETY IN THE SUPREME COURT CRIMINAL JURISDICTION Appeal No. BETWEEN: THE PEOPLE and Appellant THIS IS TO CERTIFY that you, of , whose signature is below, have been accepted by the Supreme Court, on this ................................... day of ................. 19 , as surety for the above-mentioned appellant, in the sum of for the due appearance of the said . before the Supreme Court at each and every hearing of his appeal and at the final determination thereof and that the said shall then abide by the judgment of the said Court and not depart or be absent from the said court at any such hearing without leave of said Court in the meantime not to depart out of the Republic of Zambia. AND THAT your said recognizance will be duly forwarded by me to the Master of the Supreme Court. Date At I acknowledge that the above Certificate is correct. Surety of 19......... .

FORM CRIM/9
(Rule 29) REPUBLIC OF ZAMBIA __________ NOTICE TO PRISON SUPERINTENDENT TO RELEASE AN APPELLANT ON BAIL IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION Appeal No. BETWEEN: THE PEOPLE and Appellant To: The Superintendent, State Prison at WHEREAS has duly appealed of 19....... .

(and his sentence of ) (and the order ) and having duly applied to the said Court has been granted bail by the said Court pending the determination of his said appeal on entering into recognizance(s) himself in the sum of , (and with .................................................... sureties each in the sum of ), in the forms provided; AND WHEREAS I, , the Master of the Supreme Court, have been given to understand that the said is now in your lawful custody in the said Prison under the said conviction and sentence; AND WHEREAS I have received a recognizance of the said. (and recognizance

from sureties for the said ) and the said recognizances are in due form and in compliance with the Order of the said Supreme Court admitting the said to bail: NOW I, DO GIVE YOU NOTICE that if the said do remain in your custody under the said conviction (and sentence) (and order) and for no other cause you shall on receipt of this notice suffer him to go at large. AND THIS NOTICE shall be your authority in that behalf. Master of the Supreme Court

Dated at this .......................... day of .........., 19........ . This Notice was issued on the day of ......................... , 19.......... . Inapplicable words, etc., to be deleted.

FORM CRIM/10
(Rule 16) REPUBLIC OF ZAMBIA __________ NOTICE OF HEARING Appeal/Application No. IN THE SUPREME COURT OF ZAMBIA HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant/Applicant and THE PEOPLE Respondent TAKE NOTICE that the above Appeal/Application will be heard and determined by the Supreme Court of Zambia sitting at ............................................................................................................ on day, the ............................... day of .............................., 19......... , at the hour of o'clock in the ................ noon or so soon thereafter as Counsel may be heard. Court No. Before Dated at

this ................... day of ................., 19......... Master of the Supreme Court

To: The Director of Public Prosecutions. The State Advocate at ................................... .......................................of Counsel for the Appellant/Applicant. The Superintendent, State Prison at........................................ The Appellant/Applicant (if attending)

FORM CRIM/11
(Rule 27) REPUBLIC OF ZAMBIA __________ NOTIFICATION TO APPELLANT OF A JUDGE'S DECISION Appeal/Application No. IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant and THE PEOPLE THIS IS TO GIVE YOU NOTICE that Mr. Justice a Judge of the Supreme Court acting under section 4 of the Supreme Court of Zambia Act, 1973, has in terms of rules ....................... considered your application(s) for(a) extension of time within which notice of intention to appeal, or, notice of application for leave to appeal, may be given; (b) leave to appeal against conviction and/or sentence; (c) legal aid to be assigned to you; (d) bail; and has determined the same and has Dated at this .................. day of .................., 19....... Master of the Supreme Court of Zambia This Notice was issued on the ......................... day of ......................, 19........ . To: The above named ....................... and toThe Director of Public Prosecutions. The Commissioner of Prisons. The Assistant Commissioner, C.I.D., Lusaka. The Superintendent, State Prison at The District/Registrar of the High Court at ...... The Senior/Clerk of the Court at ...... NOTES: (1) Inapplicable words, etc., on this form are to be deleted. (2) If any of the above-mentioned applications have been refused the appellant may, if he so desires, have the same determined by the full Supreme Court duly constituted for the

hearing of appeals. In such case he MUST WITHIN FOURTEEN DAYS of the RECEIPT of this Notice give notice of appeal to the Master of the Supreme Court on Form CRIM/12. A copy of Form CRIM/12 for the use of the appellant, if he so desires, is enclosed with his copy of the Notice. If the appellant does not wish to proceed further with his application(s) he should complete Form CRIM/5 (Notice of Abandonment).

FORM CRIM/12
(Rule 27) REPUBLIC OF ZAMBIA NOTICE BY APPELLANT REQUIRING APPLICATION TO BE DEALT WITH BY THE COURT Appeal/Application No. IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant and THE PEOPLE Respondent I, received on the forday of ................., 19 ....... , your notification that my application(s)

(a) extension of time within which notice of intention to appeal, or notice of application for leave to appeal to the Court may be given; (b) (c) (d) (e) leave to appeal against conviction and/or sentence; legal aid to be assigned to me; bail; ;

has/have been refused; DO HEREBY give you Notice that I desire that the said applications shall be considered and determined by the Supreme Court and desire/do not desire to be present at the hearing of my application. Dated at this ....................... day of ....................., 19........ . (Signed) Appellant (or his Counsel) Witness (If not legally represented) To: The Master of the Supreme Court. The Director of Public Prosecutions. The District/Registrar of the High Court at (Case No. ................................). or The Senior/Clerk of Court at .............................. (Case No. ................................).

NOTES: (1) Inapplicable words, etc., on this form should be deleted. (2) If you wish to state any reason IN ADDITION to those set out by you in your original Notice upon which you submitted that the Supreme Court should grant your said application(s) you may do so in the space overleaf BUT you must not repeat reasons that you have already stated in any previous Notice or Notices.

FORM CRIM/13
(Rule 43) REPUBLIC OF ZAMBIA __________ NOTIFICATION OF RESULT OF APPLICATION TO THE FULL COURT Appeal/Application No. IN THE SUPREME COURT HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant and THE PEOPLE Respondent THIS IS TO GIVE YOU NOTICE that the Supreme Court as duly constituted for the hearing of appeals under section 3 of the Supreme Court of Zambia Act, 1973, has this day considered the application(s) of the above-named appellant for(a) extension of time within which notice of intention to appeal or, notice of application for leave to appeal, may be given; (b) (c) (d) (e) (f) leave to appeal against; legal aid to be assigned to him; bail; leave to call further evidence; ; this ...................... day of ......................, 19....... .

and has finally determined the same and hasDated at

Master of the Supreme Court This Notice was issued on the ................day of ..................., 19....... To: The above named .......................................................... and toThe Director of Public Prosecutions. The Commissioner of Prisons. The Superintendent, State Prison at The District/Registrar of the High Court at The Assistant Commissioner, C.I.D., at Lusaka. The Senior/Clerk of the Court at

NOTE: Inapplicable words, etc., on this form to be deleted.

FORM CRIM/14
(Rules 27 and 43) REPUBLIC OF ZAMBIA __________ NOTIFICATION THAT DECISION OF A JUDGE HAS BECOME FINAL THROUGH FAILURE OF APPELLANT TO APPEAR WITHIN THE TIME STATED Appeal/Application No. IN THE SUPREME COUT HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant and THE PEOPLE Respondent THIS IS TO GIVE YOU NOTICE that the above-named appellant having applied for and the said application(s) having on the day of ...................... 19....... , been refused by a Judge of the Supreme Court and notification having been given to the appellant on the day of , 19....... , enclosing Form CRIM/12 and the said Form CRIM/12 not having been returned to me duly completed by the appellant, the refusal of his application(s) is/are final. Dated at this ......................day of....................... , 19....... . Master of the Supreme Court This Notice was issued on the day of......................, 19....... . To: The above named and toThe Director of Public Prosecutions. The Commissioner of Prisons. The Superintendent, State Prison at The District/Registrar of the High Court at or Senior/Clerk of Court (Case No. ...............................) or Senior/Clerk of the Court at (Case No. ...............................) The Assistant Commissioner, C.I.D., at Lusaka.

NOTE: Inapplicable words, etc., on this form are to be deleted.

FORM CRIM/15
(Rule 43) REPUBLIC OF ZAMBIA __________ NOTIFICATION OF RESULT OF FINAL APPEAL Appeal No. . IN THE SUPREME COURT OF ZAMBIA HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant and THE PEOPLE Respondent THIS IS TO GIVE YOU NOTICE that the Supreme Court of Zambia as duly constituted for the hearing of appeals under section 3 of the Supreme Court of Zambia Act, 1973, has this day considered the appeal of the above-named appellant against and has finally determined the same and Dated at this ..................... day of ......................., 19....... . Master of the Supreme Court This Notice was issued on the day of ......................., 19....... . To: The above-named and toThe Director of Public Prosecutions. The Commissioner of Prisons. The Superintendent, State Prison, at The District/Registrar of the High Court of Zambia at (Case No. ........................) or Senior/Clerk of the Court at (Case No. ........................) The Assistant Commissioner, C.I.D., at Lusaka.

NOTE: Inapplicable words, etc., on this form are to be deleted.

FORM CRIM/16
(Rule 33) REPUBLIC OF ZAMBIA ____________ NOTIFICATION OF ABANDONMENT OF AN APPEAL Supreme Court Appeal No. IN THE SUPREME COURT OF ZAMBIA HOLDEN AT CRIMINAL JURISDICTION BETWEEN: Appellant and THE PEOPLE Respondent TAKE NOTICE THAT the above-named appellant having filed a Notice of Abandonment dated the day of , 19 ....... , on the ....................... day of ......................., 19 ....... , his/her appeal to the Supreme Court against conviction and/or sentence is deemed to have been dismissed by the said Court. Dated at this ........................ day of ....................., 19....... . Master of the Supreme Court This Notice was issued on the day of ....................., 19....... . To: The above named and toThe Director of Public Prosecutions. The Commissioner of Prisons. The Superintendent, State Prison, at The District/Registrar of the High Court at (Case No. ......................... ) or Senior/Clerk of the Court at (Case No. ......................... ) The Assistant Commissioner, C.I.D., at Lusaka.

NOTE: Inapplicable words, etc., on this form are to be deleted.

FORM CIV/1
(Rule 49) REPUBLIC OF ZAMBIA __________ NOTICE OF APPEAL IN THE SUPREME COURT HOLDEN AT CIVIL JURISDICTION BETWEEN: and TAKE NOTICE that being dissatisifed with the judgment of Mr Justice given in the High Court at on the ............... day of ................., 19....... , intends to appeal to the Supreme Court against the whole judgment (No. ) or against such part or parts of the said judgment ( ) as decides that . Dated at this .................... day of .................. , 19 ...... . Appellant (or his Counsel) Address for service To: The District/Registrar of the High Court at The Respondent to the intended appeal (Name) of

(Address for service) The Master of the Supreme Court. Filed this ....................... day of ......................, 19................, at Register of the High Court at NOTES: (1) A respondent served with this Notice is required within 14 (fourteen) days after such service to file in these proceedings and to serve upon the appellant a Notice of his

address for service for the purpose of the intended appeal, and within a further 14 (fourteen) days to serve a copy thereof on every other respondent named in this Notice who has filed a Notice of an address for service. In the event of non-compliance, the appellant may proceed ex parte. (2) Inapplicable words, etc., on this form should be deleted.

FORM CIV/2
(Rule 12) REPUBLIC OF ZAMBIA __________ NOTICE OF APPLICATION FOR EXTENSION OF TIME Application No. IN THE SUPREME COURT HOLDEN AT.......... CIVIL JURISDICTION BETWEEN: and TAKE NOTICE that being desirous of appealing against the judgment (........................) of Mr Justice given in the High Court at ) on the ........................ day of ..................., 19....... ; HEREBY GIVES NOTICE OF APPLICATION for an extension of time within which to give notice of appeal, or notice of application for leave to appeal against the said judgment (No. ) for the reasons and upon the grounds next following: (1) Reasons for being out of time and grounds for an extension:

(2)

Grounds of appeal

Dated at

this .................. day of .................., 19....... . Appellant (or his Counsel) Address for service

To: The Master of the Supreme Court. The Respondent: (Name) of

on this form should be deleted. etc. ..(Address for Service) NOTES: (1) Form CIV/1-Notice of Appeal (Civil)-duty completed or a copy of the Notice of Motion or Summons for leave to appeal must be forwarded with this application. (2) Inapplicable words.

.FORM CIV/3 (Rule 58) REPUBLIC OF ZAMBIA __________ MEMORANDUM OF APPEAL Appeal No... day of ....... The Respondent (Name) of ... on this form should be deleted.. .. etc..... appeals to the Supreme Court against the whole/part(s) of the judgment ( ) in the above-mentioned matter on the following ground(s)......... this ...... ........... Appellant (or his Counsel) Address for service To: The Master of the Supreme Court.. 19............... 19............ IN THE SUPREME COURT HOLDEN AT CIVIL JURISDICTION BETWEEN: Appellant and Respondent the Appellant above named. namely: GROUNDS (Here set out what part or parts of the judgment of and the ground or grounds of appeal: Dated at........ Master of the Supreme Court of Zambia NOTE: Inapplicable words................... is complained (Address for service) The District/Registrar of the High Court at Filed at this .day of .. .

....... is Dated this day of ........ at ....... Respondent(or his Counsel) To: The District/Registrar of the High Court at The Appellant (Name) of (Address for service) The Respondent (Name) of (Address for service) The Master of the Supreme Court..FORM CIV/4 (Rule 53) REPUBLIC OF ZAMBIA __________ NOTICE OF ADDRESS FOR SERVICE Application/Appeal No...... ... 19 . ..... IN THE SUPRMEE COURT HOLDEN AT CIVIL JURISDICTION BETWEEN: and TAKE NOTICE that the address for service of ........ 19 . a Respondent served with the Notice of Appeal herein.......... .... day of ... Filed this .. Registrar of the High Court NOTES: (1) This Notice must be served on all interested parties who have themselves furnished addresses for service...

.(2) Inapplicable words.. on this form should be deleted. etc.

..... The Appellant (Name) of (Address for service) The Respondent (Name) of (Address for service) The District/Registrar of the High Court Filed this day of ..... CIVIL JURISDICTION BETWEEN: Appellant and Respondent TAKE NOTICE that... 19 ..... IN THE SUPREME COURT HOLDEN AT.FORM CIV/5 (Rule 61) REPUBLIC OF ZAMBIA __________ RESPONDENT'S NOTICE OF CROSS-APPEAL Appeal No............. day of ... the Respondent above named......... will contend that the said judgment ought to be varied to the extent and in the manner and upon the grounds hereinafter set out.... ....... at ... being dissatisfied with the judgment the subject of the said appeal.. Respondent (or his Counsel) Address for service To: The Master of the Supreme Court. .... 19........ in the hearing of this appeal.... namely: (Here set out the variations contended for and the grounds relied on in support): Dated at this ...........

. on this form should be deleted. (2) Inapplicable words. etc.Master of the Supreme Court of Zambia NOTES: (1) This Notice must be served on all interested parties who have themselves furnished addresses for service. .

Appellant/Respondent Address for service To: The Master of the Supreme Court...FORM CIV/6 (Rule 69) REPUBLIC OF ZAMBIA __________ NOTICE OF NON-APPEARANCE Appeal No.. day of ... Dated at this ....... or at any proceedings subsequent thereto. 19........ (2) Submits herewith written argument for the consideration of the Supreme Court as set out in the Appendix hereto......... IN THE SUPREME COURT HOLDEN AT CIVIL JURISDICTION BETWEEN: Appellant and Respondent TAKE NOTICE that the Appellant/Respondent (Name) (1) Does not desire to be present in person or by practitioner at the hearing of the above-mentioned appeal. The Appellant (Name) of (Address for service) The Respondent (Name) of (Address for service) APPENDIX (Here set out the argument to be put forward) ........... ...

.Appellant/Respondent NOTES: (1) This Notice must be served on all interested parties who have themselves furnished addresses for service.. (2) Inapplicable words. etc. on this form should be deleted.

.... IN THE SUPREME COURT HOLDEN AT CIVIL JURISDICTION BETWEEN: Appellant and Respondent TAKE NOTICE that the Appellant/Respondent (Name) hereby discontinues all further proceedings in the above-mentioned appeal.. Appellant/Respondent (or his Counsel) Address for service To: The Master of the Supreme Court.. 19. day of ... The Appellant (Name) of (Address for service) The Respondent (Name) of (Address for service) NOTES: (1) This Notice must be served on all interested parties who have themselves furnished ..... or such part thereof as relates to (set out) Dated at this .............FORM CIV/7 (Rule 63) REPUBLIC OF ZAMBIA __________ WITHDRAWAL OF APPEAL Appeal No........... .....

addresses for service. on this form should be deleted.. etc. . (2) Inapplicable words.

...... day of .......................... Before Dated at 19.............. day of .. this ................. Master of the Supreme Court of Zambia To: The Appellant/Applicant The Respondent The District/Registrar of the High Court at and to Notice Board......... IN THE SUPREME COURT HOLDEN AT CIVIL JURISDICTION BETWEEN: Appellant/Applicant and Respondent TAKE NOTICE that the above-mentioned Appeal/Application will be heard and determined by the Supreme Court sitting at on .......... o'clock in the .......... Court No....... ....... day... noon or so soon thereafter as Counsel may be heard.....FORM CIV/8 (Rule 16) REPUBLIC OF ZAMBIA __________ NOTICE OF HEARING Appeal/Application No.............................. at the hour of ................ the . File..................................... 19..............

1988] 1. 21 of 1988 and No. There shall be thirty puisne judges of the High Court. (As amended by Act No. Short title Cap. including the Chief Number of Supreme Court Justice and the Deputy Chief Justice. Short title Number of Supreme Court judges Number of puisne judges CHAPTER 26 SUPREME COURT AND HIGH COURT (NUMBER OF JUDGES) 22 of 1976 20 of 1977 21 of 1988 10 of 1997 An Act to prescribe the number of Supreme Court judges and of puisne judges of the High Court.CHAPTER 26 THE SUPREME COURT AND HIGH COURT (NUMBER OF JUDGES) ACT ARRANGEMENT OF SECTIONS Section 1. This Act may be cited as the Supreme Court and High Court (Number of Judges) (Amendment)Act. 3. [29th July. and shall be read as one with the Supreme and High Court (Number of Judges) Act. Judges 3. in this Act referred to as the principal Act. No. 2. 10 of 1997) Number of puisne judges . 26 2. 20 of 1977. 1997. There shall be nine judges of the Supreme Court.

Short title Interpretation PART II CONSTITUTION OF THE COURT 3. 7. 13.. 10. 8. etc. 2. 4. Jurisdiction Practice and procedure Probate and divorce jurisdiction Rules as to application of English statutes Law and equity to be concurrently administered Execution of instruments by order of the Court . Registrars Powers. Establishment of Court Powers and jurisdiction of Judges Trial with assessors PART III OFFICERS OF THE COURT 6. 11.CHAPTER 27 THE HIGH COURT ACT ARRANGEMENT OF SECTIONS PART I PRELIMINARY Section 1. 12. of Registrar and other officers of the Court Directions by the Chief Justice as to duties and functions PART IV JURISDICTION AND LAW 9. 5. 14.

28. 25. 19. 16. Adjournment of Court. 23. Summoning and compelling attendance of witnesses Refusal to be sworn or to give evidence Evidence of bystander Evidence of prisoners Allowances to witnesses Commissioners of the Court Inspection Evidence of African customary law and assessors thereof . 24. 17. 29. 30. Transfer in criminal cases Transfer between Judges. 26. Transfer to local courts Manner of transfer Effect of order of transfer PART VII EVIDENCE 27. etc. 33. 34. Restriction of vexatious actions Appeals in civil matters Completion of proceedings PART V SITTINGS AND DISTRIBUTION OF BUSINESS Section 18..15. etc. 31. Special provisions as to Lusaka. etc. in absence of Judge PART VI POWERS OF TRANSFER 22. and all Courts with Resident Judges and District Registrars 21. Form of writs. 32. 17A. Place of sitting Sessions 20.

44. [7th November. Establishment of district registries and appointment of District Registrars Seals of district registries Powers of District Registrars Removal of proceedings PART IX MISCELLANEOUS 43. 46. Record of evidence. Fees Rules of court High Court Rules Committee Repeal and savings Validation of certain rules of court CHAPTER 27 HIGH COURT An Act to amend the law with respect to the jurisdiction and business of the High Court. 36. 47. 41. 42. 37. Recording of proceedings Perjury PART VIII DISTRICT REGISTRIES Section 39. 40. and with respect to the officers and offices of the High Court. Oaths.35. 38. etc. etc. 1960] 41 of 1960 43 of 1961 70 of 1963 25 of 1964 20 of 1966 30 of 1967 24 of 1968 38 of 1969 . and otherwise with respect to the administration of justice and the validation of certain acts. 45.

"judgment" includes a decree. and also every person charged under any process of the Court with any crime or offence. "district registry" means a district registry established under the provisions of section thirty-nine. "cause" includes any action.3 of 1972 13 of 1994 Government Notices 303 of 1964 497 of 1964 Statutory Instrument 63 of 1964 PART I PRELIMINARY 1. or entitled to attend. but does not include a criminal proceeding by the People. any proceedings in a civil cause. unless the context otherwise requires"action" means a civil proceeding commenced by writ or in such other manner as may be prescribed by rules of court. "plaintiff" includes every person asking any relief (otherwise than by way of counter-claim as a defendant) against any other person by any Interpretation . whether imprisoned or admitted to bail. "Judge" includes the Chief Justice and any Puisne Judge of the Court. "Court" means the High Court. "matter" includes every proceeding in the Court not in a cause. Short title 2. "committed for trial" includes every case of a person ordered to be tried on information before the Court. This Act may be cited as the High Court Act. served with any writ of summons or process. or served with notice of. "defendant" includes every person. other than a plaintiff. (1) In this Act. "Clerk of Sessions" means an officer of the Court appointed as a Clerk of Sessions under the provisions of subsection (3) of section nineteen. suit or other original proceeding between a plaintiff and a defendant and any criminal proceeding.

Establishment of Court Cap. whether writ. in all respects. subject as aforesaid. (As amended by S. "practitioner" has the meaning assigned to it in section two of the Legal Cap. and any place appointed under the provisions of paragraph (b) of subsection (1) of section nineteen. and shall include any person lawfully performing the functions of such office and. to the extent that any person is empowered to exercise part only of such functions.I. 30 PART II CONSTITUTION OF THE COURT 3. (1) The High Court. No.form of proceeding. unless the context otherwise requires. and. (2) Any reference in this Act to any officer of the Court by title shall. authority and jurisdiction. "qualified person" has the meaning assigned to it in section eleven of the Legal Practitioners Act. "Sessions Town" means Lusaka. No. "suit" includes action. petition or otherwise. equal power. as constituted by the Constitution. 63 of 1964) 4. Ndola. Subject to any express statutory provision to the contrary. and notwithstanding.I. "Session" means a sitting of the Court at a time and place appointed under the provisions of section nineteen for the purpose of transacting any of the business set forth in the said section. mean the person appointed to the office concerned under the provisions of this Act. "principal registry" means the office of the Registrar at Lusaka. shall be the High Court of Judicature for Zambia. any vacancy in the office of the Chief Justice or of any Puisne Judge. 30 Practitioners Act. such person. 63 of 1964) Cap. any Judge may Powers and jurisdiction of Judges . all the Judges shall have and may exercise. 1 (2) The Court shall be deemed to be duly constituted during. (As amended by S.

88 the provisions of the Criminal Procedure Code relating to assessors shall. The trial of any civil cause or matter may. (1) There shall be a Registrar of the High Court and one or more Deputy Registrars. have the same jurisdiction. the number of whom shall be two or more as to such Judge seems fit. shall have such further jurisdiction. PART III OFFICERS OF THE COURT 6. in addition. if the presiding Judge so decides. and. (3) No person shall be appointed to be or to act as Registrar or Deputy Registrar unless he is a qualified person. 5. powers and duties as the Chief Justice may by rule prescribe. Powers. all Cap. shall be and form a Court. subject to any rules of court. who shall be appointed by the Judicial Service Commission. 303 of 1964) 7. powers and duties as a Master of the Supreme Court of Judicature. be held with the aid of assessors.exercise all or any part of the jurisdiction by this Act or otherwise vested in the Court. in England. No. so far as the same are applicable and subject to any rules of court. and a Registrar of the High Court. Deputy Registrars and District Registrars shall have such jurisdiction and powers as the Chief Justice may by rule prescribe.N.. (2) The Public Service Commission may appoint Assistant Registrars. and. (As amended by G. Deputy Assistant Registrars and other officers of the Court. Trial with assessors (2) Where a trial is held with the aid of assessors under this section. of Registrar and other officers of the Court Registrars . for such purpose. (1) The Registrar and Deputy Registrars shall. (2) Officers of the Court other than the Registrar. etc. apply to such trial.

and. Directions by the Chief Justice as to duties and functions PART IV JURISDICTION AND LAW 9. and for the apportionment of functions among. possess and exercise all the jurisdiction. the administration or control of property or persons. 8. without prejudice to the generality of the power hereby conferred. being of unsound mind. lunatics and such as. and for the custody of and other matters relating to fines. (As amended by S. (1) The Court shall be a Superior Court of Record. for the taxing of bills of costs. for the registration of orders and judgments. either by name or office. and. the manner in which the Deputy Registrars and other officers of the Court carry out the duties imposed upon them by this or any other written law or otherwise shall be under the control and superintendence of the Registrar. within the limits and subject as in this Act mentioned. Deputy Registrars and other officers of the Court. for the keeping of the records of the proceedings of the Court. (2) The jurisdiction vested in the Court shall include the judicial hearing and determination of matters in difference. No. in addition to Jurisdiction. warrants and writs of execution. The Chief Justice may give such directions as he thinks fit as to the duties to be carried out by. the officers of the Court who shall be responsible for the issue of summonses. 1 any other jurisdiction conferred by the Constitution and by this or any other written law. such directions may specify. Cap. powers and authorities vested in the High Court of Justice in England. 63 of 1964) . shall. and also keepers of the persons and estates of idiots. the officers of the Court. and the power to appoint or control guardians of infants and their estates.I. (4) Subject to the general or special directions of the Chief Justice or to the directions of the Court in any particular cause or matter. fees and other moneys paid into or out of the Court.(3) Rules made under the provisions of this section may make provision for and concerning appeals from decisions of the Registrar. are unable to govern themselves and their estates.

10. 1926 to 1950. Cap. (4) No probate of a will or letters of administration granted prior to the commencement of this Act to any person shall be invalid by reason only that the right to the grant was determined in accordance with any law in force in England after the 17th August. subject to this Act and any rules of court. of the United Kingdom. 1911). (5) No suit or other legal proceedings shall be instituted against any person by reason only that the deceased person's estate was administered in accordance with the law in force in England after the 17th August. be exercised in the manner provided by this Act and the Criminal Procedure Code. 1911 (being the commencement of the Northern Rhodesia Order in Council. subject to this Act and any rules of court. apply to the Attorney-General. Divorce and Admiralty Divisions of the High Court of Justice in England with respect to the Queen's Proctor shall. (1) The jurisdiction of the Court in divorce and matrimonial causes Probate and and matters shall. The jurisdiction vested in the Court shall. 1911. or by any other written law. (2) The law and practice for the time being in force for the Probate. or such written law. (As amended by No 25 of 1964) 11. and in default thereof in substantial conformity with the law and practice for the time being observed in England in the High Court of Justice. 1911. or by such rules. 70 of 1963) . subject to rules of court and to any rules made under the provisions of the Colonial and Other Territories (Divorce Jurisdiction) Acts. or the said Code. be exercised divorce jurisdiction in substantial conformity with the law and practice for the time being in force in England. as regards practice and Practice and procedure procedure. be exercised in substantial conformity with the law and practice in force in England on the 17th August. (As amended by No. 88 order or directions of the Court as may be made under this Act. (3) The jurisdiction of the Court in probate causes and matters shall.

interlocutory or final. contract or other document shall be executed or that the negotiable instrument shall be endorsed by such person as the Court . the Court may. (3) Every Judge or officer of the Court having or exercising functions of the like kind or analogous to the functions of any Judge or officer referred to in any statute mentioned in subsection (1). as far as possible. not affecting the substance. as may be just. to which any of the parties thereto may appear to be entitled in respect of any and every legal or equitable claim or defence properly brought forward by them respectively or which shall appear in such cause or matter. or to endorse any negotiable instrument. and shall grant. if any.12. 14. it shall be lawful for the Court to construe the same with such verbal alterations. the rules of equity shall prevail. Where any person neglects or refuses to comply with a judgment or Execution of instruments by order directing him to execute any conveyance. as the case may be. and in all matters in which there is any conflict or variance between the rules of equity and the rules of the common law with reference to the same matter. were substituted therefor. shall be deemed to be within the meaning of the provisions thereof relating to such last-mentioned Judge or officer. as may be necessary to make the same applicable to the proceedings before the Court. order that the conveyance. and all multiplicity of legal proceedings concerning any of such matters avoided. on such terms and conditions. and the administered Court. either absolutely or on such reasonable terms and conditions as shall seem just. 13. in the exercise of the jurisdiction vested in it. contract or other order of the Court document. (2) For the purpose of facilitating the application of the statutes referred to in subsection (1). and whenever the Great Seal or any other seal of a court is mentioned in any such statute it shall be read as if the seal of the Court or of a district registry. so that. (1) All statutes of the Parliament of the United Kingdom applied to Rules as to Zambia shall be in force so far only as the limits of the local jurisdiction application of English statutes and local circumstances permit. In every civil cause or matter which shall come in dependence in Law and equity to be concurrently the Court. shall have the power to grant. all such remedies or reliefs whatsoever. law and equity shall be administered concurrently. all matters in controversy between the said parties may be completely and finally determined.

No. order that no legal proceedings shall. etc. issued or awarded by the Court shall run and be in the name of the President. (1) Where the presiding Judge is. and shall be sealed with the seal of the Court. document or instrument so executed or endorsed shall operate and be for all purposes available as if it had been executed or endorsed by the person originally directed to execute or endorse it. (1) If. death. on account of illness. (1) Civil appeals from subordinate courts shall be heard by one Judge except where in any particular case the Chief Justice shall direct that the appeal shall be heard by two Judges. 17A. whether in the Court or in any subordinate court.I. and a conveyance.may nominate for that purpose. without leave of the Court or a Judge. precepts and mandatory process to be used. and such leave shall not be given unless the Court or a Judge is satisfied that the proceedings are not an abuse of the process of the Court and that there is prima facie ground for such proceedings. (2) A copy of any order made under the provisions of this section shall be published in the Gazette. contract. the Court may. All writs. 63 of 1964) Restriction of 16. relinquishment or cesser of jurisdiction or any other similar cause. after hearing such person or giving him an opportunity of being heard. Form of writs. the appeal shall be dismissed. (As amended by No. (As amended by S. 15. unable to deliver a judgment already prepared by him. and whether against the same person or against different persons. on application made by the Attorney-General under this vexatious actions section. and that any legal proceedings instituted by him in any court before the making of such order shall not be continued by him without such leave. the Court is satisfied that any person has habitually and persistently and without any reasonable ground instituted vexations legal proceedings. be instituted by him in any court. then the Chief Justice may direct that another Judge of the High Court shall deliver in Completion of proceedings Appeals in civil matters . (2) Where an appeal is heard by a bench of two Judges under the provisions of this section and they are divided in opinion. 30 of 1967) 17.

complete the proceedings of the case as if he had himself heard and determined the case: Provided that the judgment shall be dated and signed by the Judge at the time of delivering it. Kitwe. in every respect. Solwezi. and (b) the places. he shall complete any proceedings already commenced before him. the proceedings shall be as valid. thereafter. Mongu. 3 of 1972) PART V SITTINGS AND DISTRIBUTION OF BUSINESS Place of sitting 18.open court the judgment prepared by the presiding Judge and shall. Kabwe. The sittings of the Court shall usually be held in such buildings within Zambia as the Chief Justice may assign as Court Houses for that purpose. other than Lusaka. (As amended by G. Ndola. Livingstone Mansa. (No. (2) In any case where a Judge has been appointed (whether before or after the *commencement of Act No. Kasama and Chipata for the trial of persons committed for trial before the Court by subordinate courts within such Provinces or Districts as may be so appointed.N. No. Kitwe. (1) The Chief Justice may by statutory order under his hand appoint(a) the times at which Sessions shall normally be held in Lusaka. 303 of 1964) 19. as if the same had been held in any such Court House. and for this purpose he shall be deemed to retain the position and powers which he held immediately before his being so appointed. Livingstone. but in case the Court shall sit in any other building or place within the limits of jurisdiction for the transaction of legal business. 1972. Sessions . * 30th March. 3 of 1972) to be or to act as the Supreme Court Judge. Ndola.

(2) A Judge may. by order under his hand appoint(a) the time at which a special Session shall be held at any Sessions Town for the purpose of dealing with any of the matters mentioned in subsection (1). and the time at which a special Session shall be held for such purposes as such Judge shall specify. the Court shall be open throughout the year in Lusaka. and for the trial of civil cases and the disposal of all other legal business pending within such Provinces or Districts. and the Court may at any time hear and determine any causes or matters pending in the Court. 20. all Courts with Resident Judges and in district registries. (3) The Chief Justice may appoint an officer of the Court to be the Clerk of Sessions in respect of any particular Session. Mongu. other than a Sessions Town. (2) Whenever it appears to the Chief Justice that it is expedient that any criminal matter arising out of proceedings in any subordinate court in any Province or District other than those appointed under the provisions of paragraph (a) of subsection (1) of section nineteen should be heard and determined at Lusaka or any other Court with a Resident Judge the Chief Justice may direct that such matter shall be so heard and determined: Special provisions as to Lusaka. whenever the business of the Court shall so require. other than such criminal cases. for the transaction of general legal business pending therein other than trial on information of criminal cases. Kasama. Mansa and Solwezi and the times at which Sessions shall normally be held for the trial of persons committed for trial before the Court by subordinate courts within such Provinces or Districts as may be so appointed. upon notice to the parties and otherwise as shall be determined by rules of court or as shall seem just and reasonable. Chipata. and all Courts with Resident Judges and District Registrars . (1) Subject to any rules of court relating to sittings and vacations. or in respect of any group or series of Sessions or in respect of any Sessions held by a particular Judge.Kabwe. except on Sundays and public holidays. or (b) the place.

in by whom any Session is to be held for any reason is unable or fails to attend on the day appointed. to require that such appeal shall be heard and determined at the next Session to be held in respect of the Province or District concerned. at any time or at any stage thereof.Provided that. except where the Chief Justice has directed that such appeal shall be heard by two Judges. In case the Judge before whom any cause or matter is to be heard or Adjournment of Court. 21. and no other Judge attends in his stead. etc. whether by way of case stated or otherwise. the absence of Judge Court or Session shall stand adjourned from day to day until a Judge shall attend or until the Court or Session shall be adjourned or closed by order under the hand of a Judge or an officer of the Court or of a magistrate. or from the Court to any subordinate court. be entitled. by written notice to the Court. (1) Any cause or matter may. etc. at any time or at any stage thereof. The provisions of this Part as to the transfer of causes and matters Transfer in shall apply to criminal causes only so far as the same are not inconsistent criminal cases Cap. PART VI POWERS OF TRANSFER 22. and either with or without the application of any of the parties thereto. the appellant shall. or from any Session or sitting of the Court to any other Session or sitting. 88 with the provisions of the Criminal Procedure Code relating to the transfer of such causes. and either with or without the application of any of the parties thereto. . (2) Any cause or matter may. Judges. be transferred by the Court or a Judge from any subordinate court to any other subordinate court or to the Court. in the case of a criminal appeal.. Transfer between 23. be transferred from one Judge to another Judge by an order of the Judge before whom the cause or matter has come or been set down: Provided that no such transfer shall be made without the consent of the Judge to whom it is proposed to transfer such cause or matter.

and either with or without the application of any of the parties thereto. courts be transferred by the Court or a Judge from the Court to any local court Cap. on such application. at the time of the making of . in the latter case. 29 recognised under the provisions of the Local Courts Act having jurisdiction over such cause or matter.(3) A transfer to a subordinate court under the provisions of subsection Cap. (As amended by No. and shall record his reasons for ordering such transfer. 28 (2) shall take effect notwithstanding the provisions of section four of the Subordinate Courts Act. make such order as. and the fact of such transfer shall be recorded in the appropriate Court register. at any time or at any stage thereof. (As amended by No. 25 of 1964) 25. and for the purpose of any such transfer the subordinate court concerned shall be deemed to have jurisdiction throughout Zambia. or to the Court. but no such transfer shall be deemed to enlarge the limits set upon the civil jurisdiction of subordinate courts by the provisions of Part III of the said Act or to confer any jurisdiction in excess thereof. (1) Any cause or matter may. (2) Before making any order under the provisions of subsection (1). as the case may be. and the Court or the Judge shall. The powers of transfer conferred by this Part shall be exercised by Manner of transfer means of an order under the hand of a Judge or the Registrar and the seal of the Court. in the circumstances. 25 of 1964) Transfer to local 24. making such transfer for an order setting aside such transfer or for an order transferring the cause or matter to the subordinate court of some District other than that to which it was first transferred. and. any person affected by such transfer may make application to the Court or to the Judge. may be just and reasonable. and any such order may apply to any particular cause or matter in dependence or generally to all such causes or matters as may be described in such order. may extend to future causes or matters as well as to such as may. the Court or the Judge shall satisfy himself that the making of such order will not be contrary to the interests of justice or cause undue inconvenience to the parties. (4) Where any transfer has been made under the provisions of subsection (2).

and may be proceeded against by warrant to compel his attendance. (1) In any suit or matter. be guilty of a contempt of court. and may examine such person as a witness and require him to produce any document in his possession or power. subject to just exceptions. and at any stage thereof. may summon any person within the jurisdiction to give evidence. be exercised by means of a telegraphic communication from the Judge or the Registrar concerned followed by a subsequent order as required by this section. he shall. having reasonable notice of the time and place at which he is required to attend and after tender of his reasonable travelling expenses to and from the Court. the Court. be in dependence: Provided that such power of transfer in any particular cause or matter may. in any case of urgency. or to produce any document in his possession or power. independently of any other liability. where necessary. heard and determined by such court or Judge. (As amended by No. and the process and proceedings in every such cause or matter. be transmitted to the court or Judge to which or to whom the same shall be transferred. and may be punished therefor. Every order of transfer made under this Part shall operate as a stay Effect of order of of proceedings before the court or Judge from which or from whom the transfer proceedings are to be transferred in any cause or matter to which such order is applicable. Summoning and compelling attendance of witnesses . fails to attend accordingly and does not excuse his failure to the satisfaction of the Court. (2) If any person summoned as in subsection (1) provided. 25 of 1964) 26. and any such telegraphic communication shall have effect as if it were an order under the hand of a Judge or the Registrar and the seal of the Court. and an attested copy of all entries in the books of the court from which transfer is made shall. either of its own motion or on the application of any party.such order. PART VII EVIDENCE 27. and such cause or matter shall be continued.

If. by warrant. as well for defraying the reasonable expenses of such persons as for allowing them a reasonable compensation for their trouble and . and the gaoler or person in whose charge such prisoner may be shall obey such warrant by bringing up such prisoner in custody and delivering him to an officer of the Court: Provided that this section shall not apply in any case to which section sixty-four of the Prisons Act applies. 30. whether a party or not in a cause or matter. 97 Allowances to 31. in any suit or matter. in civil as well as criminal proceedings. and does not excuse his refusal to the satisfaction of the Court. be guilty of a contempt of court. in the same manner and subject to the same rules as if he had been duly summoned to attend and give evidence or to produce such document. he shall independently of any other liability. (1) It shall be lawful for the Court. and the Court may. being required to sworn or to give evidence give evidence. there to remain until he consents to take the oath or make an affirmation. Cap.(3) Nothing in this section contained shall be construed so as to make it lawful in any criminal proceeding for any person to refuse or fail to attend as a witness or to give evidence on the ground that his expenses have not first been paid or provided for. refuses to take an oath or make an affirmation in lieu thereof. Refusal to be 28. whether appearing in obedience to a summons or brought up under warrant. or to answer duly. prescribe. or to produce any document in his possession or power. Any person present in court. A Judge may issue a warrant under his hand to bring up any person Evidence of confined as a prisoner under any sentence or otherwise. commit him to prison. Evidence of 29. and may be dealt with under the provisions of section twenty-eight for any refusal to obey the order of the Court. as the case may be. to be examined prisoners as a witness in any cause or matter depending in the Court. or to answer any question lawfully put to him. to order and to allow to all persons required to attend or be witnesses examined as witnesses such sum of money as the Chief Justice may. by rule made with the concurrence of the Minister responsible for finance. or to produce any such document. any person. may be compelled by the Court to give evidence or to produce bystander any document in his possession or power.

in any cause or matter in which questions of African customary law may be material to the issue- Evidence of African customary law and assessors thereof (a) call as witnesses thereto chiefs or other persons whom the Court considers to have special knowledge of African customary law. (1) A Judge may. (c) consult. where not ordered to be paid by the person convicted or the prosecutor. (1) The Court may.loss of time. in civil proceedings. if it shall think fit and. the parties or witnesses of any real or personal property the inspection of which may be material to the determination of the matter in dispute. and in criminal proceedings they shall. in respect of any proceedings in the Court. give effect to any book or publication which the Court shall . Commissioners of 32. to such extent as to it seems proper. or for taking and receiving the evidence of witnesses on interrogatories or otherwise. appoint any person or persons to be a Commissioner or Commissioners the Court for taking affidavits and declarations and receiving production of documents. Inspection 33. 34. be paid out of the general revenues of the Republic. (2) All sums of money allowed under the provisions of this section shall be payable. and shall be recoverable as ordinary costs of suit unless the Court shall otherwise order. the Court may make such order for inspection by the Court. and may give such directions with regard to such inspection as to the Court may seem fit. (2) Any order of the Court or of a Judge for the attendance and examination of witnesses or the production of documents before any Commissioner appointed under the provisions of this section and within the jurisdiction of the Court shall be enforced in the same manner as an order to attend and be examined or produce documents before the Court. (b) call any such chiefs or persons to its assistance as assessors of African customary law. by the party on whose behalf the witness is called. In any cause or matter.

(3) The Director of Public Prosecutions shall.consider to be an authority on African customary law.I. be entitled to the record of evidence given in any criminal proceedings before the Court. or to a copy of the notes of the Court. or. (2) Any party to any cause or matter before the Court shall. (As amended by S. of a record of evidence given in any case before the Court. 35. if a Jew. etc. or. in his uplifted right hand. and such fees and allowances shall be paid out of the general revenues of the Republic unless the Court. 63 of 1964) 36. etc. determine. by rule made with the concurrence of the Minister responsible for finance. a copy of the Old Testament. on payment of such fee as may be prescribed by rules of court. be entitled to a copy of the record of evidence given in such cause or matter. (1) Whenever an oath is required to be taken under the provisions of Oaths. orders that they shall be costs in the proceedings concerned. he may hold such copy otherwise. (2) It shall be the duty of assessors called under the provisions of subsection (1) to advise the Court on all matters of African customary law which may arise in the cause or matter concerned. without payment of fee. this or any other law. or. if he be physically incapable of so doing. in any particular civil cause or matter. and to tender their opinions to the Court on such cause or matter generally. but in reaching its decision the Court shall not be bound to conform to such opinions. No. if a Christian. the following provisions shall apply: (a) The person taking the oath shall hold. a copy of the Gospels of the Four Evangelists or of the New Testament. (1) Save as hereinafter in this section provided. (3) Assessors called under the provisions of subsection (1) shall be paid such fees and allowances as the Chief Justice may. no person shall be Record of entitled as of right at any time or for any purpose to inspection or a copy evidence. or in order to comply with any such law. if necessary such copy may be held before him by the officer . save as may be expressly provided by rules of court.

or otherwise. binding on his conscience or which is lawful according to any law. at the time of taking such oath. ." followed by the words of the oath prescribed by law or by the practice of the court. he shall be permitted to do so. he may make such affirmation without being further questioned as to the grounds of such objection or desire. or had a religious belief other than that to which the oath taken normally applies. as the case may be: Provided that if the person taking the oath is physically incapable of raising his right hand." followed by the words of the oath prescribed by law or by the practice of the court. and in particular he may do so by raising his right hand and saying or repeating after the officer administering the oath the words "I swear by Almighty God that . . no religious belief. as the case may be: Provided that if any person desires to take the oath in the form and manner in which an oath is usually administered in Scotland.administering the oath. . and shall say or repeat after such officer the words "I swear by Almighty God that . . (c) If any person shall express any objection to taking an oath or desires to make an affirmation in lieu thereof. any person may be required to make an affirmation in the form specified in paragraph (c) of subsection (1) if it is not reasonably practicable to administer an oath to him in the manner appropriate to his religious belief. (2) Notwithstanding any other provision contained in this section. shall not for any purpose affect the validity of such oath. or accepts as. and in such case there shall be substituted for the words "I swear by Almighty God" aforesaid the words "I do solemnly and sincerely affirm" and such consequential variations of form as may be necessary shall thereupon be made. . he may take the oath in any manner which he declares to be. (3) Where any oath has been duly administered and taken. the fact that the person to whom such oath was administered had. he may say or repeat the words of the oath without raising his right hand. (b) If the person taking the oath is neither a Christian nor a Jew. and for the purposes of this subsection "reasonably practicable" means reasonably practicable without inconvenience or delay.

or impose both such penalties upon him. vary or revoke any notice issued under the provisions of subsection (1). as may be prescribed by rules of court. may.(4) For the purposes of this section. (As amended by No. 43 of 1961) 37. Establishment of district registries and appointment of District Registrars . (2) The Chief Justice may. by statutory notice. The proceedings in any cause or matter before the Court shall be Recording o taken down and recorded in such manner as may be prescribed by rules proceedings of court. 43 of 1961) Perjury 38. (1) The Court. (As amended by No. and shall include any Assistant Registrar. or fine him any sum not exceeding one hundred penalty units. in each such case as for a contempt of court. at any time by statutory notice. from which such writs of summons for the commencement of actions in the Court may be issued. "officer" means any person duly authorised by law to administer oaths. commit him to prison for any term not exceeding six months. Deputy Assistant Registrar and official interpreter administering an oath in the presence of a Judge or the Registrar or other person authorised by any law to administer oaths. (As amended by Act No. and wherein such other proceedings may be taken. (1) The Chief Justice may. if it appears to it that a person has been guilty of perjury in any proceeding before it. after calling upon such person to show cause why he should not be punished as for a contempt of court. (2) Any penalty imposed under this section shall be a bar to any other criminal proceedings in respect of the same offence. district registries for the Provinces or Districts set out in such notice. establish in such places as are specified in such notice. with or without hard labour. 13 of 1994) PART VIII DISTRICT REGISTRIES 39.

be transmitted by the District Registrar concerned to the principal registry or to such other district registry. 42. purporting to be sealed with the seal of a district registry. as the case may be. if the Court or Judge thinks fit. (1) Any party to any proceedings commenced in a district registry Removal of proceedings may. if any. (2) The seal of the district registry shall be impressed upon every document required by this Act or by rules made thereunder or by any other written law to be so sealed. and the Court or Judge may thereupon. upon receipt of such order. whether embossed or otherwise. (3) For the purposes of this section. at any time. and the proceedings and such original documents. District Registrars shall have power to administer oaths and shall Powers of District Registrars perform such of the functions of the Registrar with respect to any proceedings in the Court as the Chief Justice may by rule prescribe or as may be directed by any special order of the Court. (As amended by No. order that the proceedings be transferred accordingly. 40. as have been filed therein shall. (1) In every district registry there shall be used such seal as the Chief Justice may direct. apply to the Court or a Judge to remove such proceedings from such district registry to the principal registry or to another district registry. (4) Every District Registrar shall be an officer of the Court. "seal" means any device capable of making an imprint. on paper. and all such documents and all exemplifications and copies thereof. shall be received in evidence within Zambia without further proof. and the proceedings shall thenceforth continue in the same manner as if they had been originally commenced in the principal registry or such other district registry. 25 of 1964) 41.(3) The Chief Justice may appoint any qualified person to be the District Registrar of any district registry. (2) The Court or a Judge may order the removal of any proceedings Seals of district registries .

PART IX MISCELLANEOUS Fees 43. under this Act for the following purposes: Rules of court *See section 8 of the Evidence Act (Cap. other than criminal appeals. by revenue stamp or otherwise) and the time of payment of such fees. including (but without prejudice to the generality of the foregoing provision) the manner in which and the time within which. and the method (whether in money. the provisions of subsection (1) shall. and any matters incidental to or relating to any such procedure or practice. including the amount (whether fixed or according to a scale or according to a percentage) of such fees. by statutory instrument. in or with respect to which the Court has for the time being jurisdiction (including the procedure and practice to be followed in the principal registry and in district registries). any applications which under the provisions of this or any other written law are to be made to the Court are to be made. and the procedure in connection with the transfer of proceedings under this Act. *44. make rules regulating all matters connected with the deposits and fees to be payable in respect of any step taken or thing done in any cause or matter before the Court. and for regulating and prescribing the vacations to be observed by the Court and the offices and registries . apply. (a) for regulating and prescribing the procedure (including the method of pleading) and the practice to be followed in the Court in all causes and matters whatsoever. 43). including matrimonial causes and matters. The Chief Justice may. (1) Rules of court may be made. mutatis mutandis. (b) for regulating and prescribing the procedure on appeals. from any court or person to the Court. (c) for regulating the sittings of the Court and of Judges whether sitting in Court or in chambers. by statutory instrument. and. in such case.from the principal registry to a district registry.

or Cap. 24 of 1968) . such rules shall be made in the same manner as rules of court under this Act. and the mode in which evidence thereof may be given. (d) for prescribing what part of the business which may be transacted and of the jurisdiction which may be exercised by a Judge in chambers may be transacted or exercised by the Registrar and other officers of the Court. 189 (b) is not expressly conferred upon any specified authority or person. and the method and time of payment thereof. in any proceedings or on any application in connection with or at any stage of any procedings. No. (h) for regulating and prescribing the procedure and practice to be followed in any proceedings in the Court under the provisions of the Lands Acquisition Act. (e) for prescribing the forms to be used in connection with any cause or matter before the Court. (i) for regulating or prescribing any other matter which is to be regulated or prescribed by rules of court under any of the provisions of this Act. 63 of 1964 and No.thereof. and for providing for the hearing during the vacations of all such applications and such other matters as may require to be immediately or promptly heard. (2) Where any written law provides for the making of rules of court and the power to make such rules(a) is expressly conferred upon the High Court. (g) for regulating the means by which particular facts may be proved. (f) for regulating the expenses of parties and witnesses. (As amended by S. their amount.I.

(2) A practitioner shall not be nominated. or. and (ii) a practitioner shall cease to be a member of the Committee immediately he ceases to hold a valid practising certificate. which shall consist ofThe Chief Justice. (5) The quorum for any meeting of the Committee shall be the chairman High Court Rules Committee Cap. kept under the provisions of the said Act. Two practitioners nominated by the Council established under the provisions of the Law Association of Zambia Act. for a period of not less than three years. (3) A practitioner appointed to the Committee shall continue to be a member thereof for a period of one year from the date of his appointment: Provided that(i) should no practitioner be nominated in sufficient time to allow his appointment to the Committee to become effective before the expiration of the term of office of his predecessor. and (b) his name has been on the roll of practitioners. to the Committee unless(a) he holds a current practising certificate issued under the provisions of the Legal Practitioners Act. (1) Rules of court made under this Act shall be made by a committee. 31 Cap. 30 .45. (4) The Chief Justice shall be the chairman of the Committee. to be known as the High Court Rules Committee and hereinafter referred to as the Committee. and shall have a casting as well as a deliberative vote. and appointed by the Chief Justice. shall convene all meetings thereof. if nominated shall not be appointed. the latter shall continue in office until his successor is appointed. Two Puisne Judges appointed by the Chief Justice.

any Act given power to Validation of certain rules of the High Court to make rules of court. 27 Government Notices 193 of 1933 44 of 1936 . is Repeal and savings hereby repealed: Provided that such repeal shall not affect any appointment made under the provisions of the said Act and any such appointment shall be deemed to have been made under the provisions of this Act. Where. 46. SUBSIDIARY LEGISLATION HIGH COURT RULES MADE UNDER THE HIGH COURT ACT-CHAPTER 3 OF THE 1960 EDITION OF THE LAWS (Section 15 of the Interpretation and General Provisions Act) THE HIGH COURT RULES CAP. any rules of court made by the Chief Justice in purported exercise of any such power shall be. and shall court be deemed always to have been. as valid as if they had been made by the High Court in exercise of such power. and in any such case it shall not be necessary to convene a meeting of the Committee. (8) The Chief Justice may appoint the Registrar or any other officer of the Court to be the secretary of the Committee. (6) Nothing done by the Committee shall be invalid only by reason of any vacancy in the membership thereof or of the absence of any member from Zambia. prior to the enactment of this Act. (7) The Committee may transact its business by way of circulation of papers. Chapter 3 of the 1960 Edition of the Laws.and two other members. 47. The High Court Act. but no business shall be considered to have been completed under this subsection unless and until all members of the Committee for the time being in Zambia have communicated their views thereon to the secretary of the Committee in writing.

Rules by the High Court Rules Committee 50 of 1937 142 of 1943 218 of 1944 165 of1950 174 of 1950 311 of 1952 312 of 1952 252 of 1954 22 of 1958 80 of1958 93 of1958 98 of 1958 113 of 1958 171 of 1958 235 of 1958 275 of 1958 106 of 1959 275 of 1959 136 of 1960 309 of 1960 311 of 1960 76 of 1962 179 of 1964 206 of 1964 207 of 1964 497 of 1964 Act 57 of 1964 Statutory Instruments 37 of 1964 63 of 1964 396 of 1967 252 of 1968 305 of 1968 92 of 1980 102 of 1980 6 of 1984 30 of 1984 105 of 1986 208 of 1986 92 of 1988 174 of 1990 109 of 1994 47 of 1995 71 of 1997 88 of 1997 1. Title . These Rules may be cited as the High Court Rules.

VI. etc. Computation of Time Miscellaneous Provisions Employment of Barristers and Advocates Evidence Writs of Summons and Originating Process Orders Cap. V. "Registrar" means the Registrar of the High Court. (As amended by Nos. 76 of 1962 and Act No. IV. "Registry" includes the Principal Registry and a District Registry. "taxing master" means the Registrar of the High Court. 71 of 1997) 3. and includes a Deputy Registrar and a District Registrar. II. "proper officer" means the Registrar or any Deputy Registrar. These Rules are divided into the following Orders: Order Order Order Order Order Order I. "legal practitioner" means a practitioner as defined by the Legal Practitioners Act. District Registrar or Assistant Registrar and all Clerks to Judges and any other person especially appointed in that behalf by the Registrar. No. "Probate Registry" means the branch of the Principal Registry that is set aside for the purpose of the exercise of probate jurisdiction. "Principal Registry" means the office of the Registrar at Lusaka. "taxing officer" means a taxing master or an Assistant Registrar empowered by rule made under section seven of the Act to tax bills of costs. No. General Forms of Process. a Deputy Registrar or a District Registrar. 106 and 275 of 1959. unless the context otherwise requires- Interpretation "District Registry" means a District Registry directed to be established under section thirty-nine of the Act. In these Rules. III. 309 of 1960. Fees. 30 .2.

Order XXV. Equitable Relief. XV. etc. . Order XXIII. XX. Order XXXVI. XIV. Order XXXI. XIX. XVII. Order XXXIV. VIII. XIII. XXI. Order XXIV.Order Order Order Order Order Order Order Order Order Order Order Order Order Order Order VII. Order XXXII. XVI. XII. Order XXX. IX. Order XXVI. XI. Order XXIX. Set-off Payment into and out of Court and Tender Applications and Proceedings in Chambers and in Court Place and Mode of Trial and Setting Down for Trial Recording of Proceedings Postponement of Hearing Order of Business Non-attendance of Parties at Hearing Judgment Order XVIII. Order XXVII. Order XXXIII. Order XXVIII. Counter-claim. Order XXXV. X. XXII. Endorsement of Address Concurrent Writs Renewal of Writ Service of Process Appearance Default of Appearance Leave to Sign Judgment and Defend where Writ Specially Endorsed Parties Particulars of Claim Alteration of Parties Discontinuance of Suits Amendment Orders of Directions Default of Pleading Admissions Settlement of Issues Inquiries and Accounts Appearance of Parties Arrest of Defendant under Section 10 of Debtors Act Interim Attachment of Property Injunctions.

XLI. causes and proceedings to which they are applicable. (No. Provision for additional forms . on any Sealing of writ or process shall not be necessary in addition to sealing. 106 of 1959) 2. with such variations as circumstances may require. ORDER I O. In proceedings for which forms are not provided in the First Schedule or prescribed by any Act or rules or orders of court. unless process signature is particularly prescribed by some law or rule of court. FEES. OrderXXXVIII. from time to time. Order Order Order Order XLIX. The signature of a Judge or the Registrar. Order XLVIII. XLV. subject to the approval of the Court. LII. ETC. may be Forms used in all matters. 1. 3. XLIV. Order Order Order Order Order Order Order XL. XLII. 1 GENERAL FORMS OF PROCESS. LI. or forms to the like effect. as the case may be. The forms in the First Schedule. XLIII. Recording of Judgments Affiliation and Maintenance of Children Act Review Costs Enforcement of Orders Execution Interpleader Procedure on Applications under Companies Act Reference to Arbitration Probate and Administration Civil Appeals Proceedings in District Registries Sittings and Vacations Recovery of Costs by Legal Practitioners Agency Allowance Proceedings By and Against the State Order XLVII. the Registrar may.OrderXXXVII. L. Order XXXIX. XLVI.

postal or bank certified cheque.I. 5. on account of the poverty of any party. (2) The proper officer of the Court may refund the fees paid on any document cancelled under the provisions of sub-rule (1) to the party who paid the fees: Provided thatO. 71 of 1997) 8. or the document is not presented to or is cases not accepted for filing by the Court. 2 Mode of payment of fees . (As amended by S. 71 of 1997) 7.I. Nos. The document on which a fee is to be paid shall be the document indicated in the Third Column of the Second Schedule. or for other sufficient reasons. if the Court or a Judge shall so order. Parts 1 to 5. The document on payment of fees fees shall be paid before the document is presented at the Registry or District Registry concerned. and may be afterwards recovered as costs of cause. No. the document may at the instance of the party by whom it was so paid for. if it or he sees fit. (As amended by S. although such party may not have been formally admitted to sue or defend as a pauper. 71 and 88 of 1997). The Court or a Judge may. 1. using as guides those which may have been provided. with the payment of any fees.I. (As amended by S. The proper officer of the court whose duty it is to receive any Duty of officers document shall ensure that a proper fee is paid on any document before accepting the same. dispense. (1) When any document not requiring to be paid for is inadvertently Refund of fees paid for or when the fees paid exceed those laid down in the Second paid in certain Schedule. Acceptance of 6. the docu-ment shall not be accepted. The fees specified in the Second Schedule shall be paid by the party Fees at whose instance they are incurred. No. and unless so paid. cash. Parts 1 to 5 inclusive.frame the forms required. be cancelled and substituted. The court fees or any other fees payable under these Rules shall be paid by stamps. 4.

costs shall be allowed to legal practitioners and taxed in accordance with the scale of costs set forth in the Third Schedule. 71 of 1997. Except as otherwise provided by these Rules. Where. No. Saturdays. and (ii) the application is accompanied by the cancelled document which shall be attached by the proper officer of the Court to the voucher in support of the refund and shall henceforth be the property of the Government. 10. but shall commence at the beginning of the day of a limited time next following that day. No.(i) the application is made to the proper officer of the Court within thirty days of the date of cancellation of such document. Scale of costs 11. (As amended by S.I. 71 of 1997) 9. or How to be made any special order. 165 of 1950) ORDER II COMPUTATION OF TIME 1. any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding. the following days shall not be reckoned as part of the time.I. No. namely. by any section of the Act. Sundays and holidays . Saturdays. Revoked by S. 71 of 1997. Revoked by S. the following rules shall apply: (a) The limited time shall not include the day of the date or of the Commence-ment happening of the event. done (c) When the limited time is less than six days. Sundays and any public holidays. or the course of the Court. (b) The act or proceeding must be done or taken at latest on the last When act to be day of the limited time. or any order or rule of court. and such time is not limited by hours.I. (No.

.(d) When the time expires on one of those days. Where such consent cannot be obtained. in any suit. 3. delivered or filed during the last eleven days of the Michaelmas and Christmas vacations respectively. but pleadings shall not be amended. 2. the party who desires to proceed shall give one month's notice to the other party of his intention to proceed. A summons on which no order has been made shall not. Parties may. 3 Enlargement or abridgement of time Length of notice after delay of one year Michaelmas and Christmas vacations not generally to be reckoned in time for delivery. 309 of 1960) When pleadings may be delivered in the Michaelmas and Christmas vacations O. and such order may be made although the application for the order is not made until after the expiration of the time allowed or appointed. of pleadings ORDER III MISCELLANEOUS PROVISIONS . or taken on the next day afterwards. or giving any notice. the time of the Michaelmas and Christmas vacations in any year shall not be reckoned in the computation of times appointed or allowed in accordance with these Rules for amending. or filing any document. etc. No. the act or Time expiring proceeding shall be considered as done or taken in due time. 37 of 1964) 2. (No. In any cause or matter in which there has been no proceeding for one year from the last proceeding had. Save as in the last preceding rule mentioned. not being one of those days. but notice of trial although countermanded shall be deemed a proceeding within this rule. Sunday or holdiday (As amended by S. 106 of 1959) 4. if it is done on Saturday. (No. Summonses may be issued and pleadings may be amended. delivering or filing any pleadings unless otherwise directed by the Court or a Judge. delivered or filed during any other part of such vacations unless by the direction of the Court or a Judge. either party may apply to the Court or a Judge for an order to effect the object sought to have been obtained with the consent of the other party.I. by consent. enlarge or abridge any of the times fixed for taking any step. (No. 309 of 1960) 5.

except in O. make any interlocutory order which it or he considers necessary for doing justice.1. (d) Reviewing taxation of costs. Causes or matters pending in the Court may. to be approved by the Court. the Court or a Judge may. an account to be called "The High Court Account". (b) (c) Appeals from District Registrars. by order of the Court or Consolidation a Judge. but the Court may. The sittings of the Court for the hearing of causes and matters shall Public or ordinarily be public. Injunctions. The Registrar shall keep an account of all moneys received and all payments made by him in the performance of his duties. in any cause or matter. 6. with their legal advisers. If. 309 of 1960) 4. the Interpreter . (As amended by No. for a reason to be specified by it private sittings on the minutes. whether such order has been expressly asked by the person entitled to the benefit of the order or not. and payments of money into and out of such account shall be made in such manner and subject to such conditions as the Court may direct. 3 respect of the following proceedings and matters. be consolidated. if any. witness or other person is unable to speak or understand the English language. that is to say: (a) All matters relating to criminal proceedings or to the liberty of the subject. Registrar to open and keep banking account 5. and the Court or a Judge shall give any of causes or directions that may be necessary as to the conduct of the consolidated matters actions. save as provided in Order XL. party. shall cause to be opened at a bank. 2. Subject to any particular rules. and the officers of the Court. rules 3 and 4. and. The Registrar may transact all such business and exercise all such Jurisdiction of authority and jurisdiction in respect of the same as under the Act or these Registrar Rules may be transacted or exercise by a Judge at chambers. in all causes and matters. hear any particular cause or matter in the presence only of Court of the parties. What orders to be made 3. any accused person. for the purpose of keeping the said account.

" 7. such person shall swear an oath in the following form: "I swear that I will well and truly interpret and explanation make of all such matters and things as shall be required of me to the best of my skill and understanding. A party suing or defending by a barrister or advocate in any cause or matter shall be at liberty to change his advocate in such cause or matter. by any sort of deceit. So help me God. unless allowed by the Court or a Judge. Change of practitioners during the hearing of a cause or matter 2. to take any proceedings in relation to any appeal from such judgment. without an order for that purpose. Before so interpreting. 5 ORDER IV EMPLOYMENT OF BARRISTERS AND ADVOCATES 1. No. But. 4. to cease from acting therein. before doing or performing such matter or thing. (As Amended by S. until such notice is filed and a copy served. the former advocate shall be considered the advocate of the party until final judgment. (1) When any fee has been paid in respect of a document. and the party by whom or on whose behalf such cause or matter has been so commenced or carried on has been represented therein by a barrister or advocate who had knowledge of such malice or lack of probable grounds. induced his client to enter into or . for any special reason. (1) When it shall appear to the Court that any civil cause or matter Liability to pay has been commenced or carried on maliciously or without probable costs grounds. the officer Receipts authorised to receive the fee shall endorse an initial on the document stating the fee paid and the number of the receipt recording the payment.I. 71 of 1997) O. or if it shall appear that any barrister or advocate has. except under express agreement or unless re-engaged. (2) The officer of the Court authorised to receive any fee for any matter or thing done or performed shall.Court or a Judge may direct a fit and proper person to attend and interpret the proceedings so far as may be necessary. but such advocate shall not be bound. upon notice of such change being filed in the office of the Registrar. ensure that the proper fee is paid.

On the application of either party. 5 3. on failure of his client to pay any costs which he may be ordered to pay. during any trial. 4. be liable. take such means as it considers Preventing necessary and proper for preventing communication with witnesses who communication are within the Court House or its precincts awaiting examination. (2) This rule shall not be construed to restrict the liability of any barrister or advocate in respect of the misconduct referred to in sub-rule (1) or any other misconduct for which he would otherwise be punishable. to pay the amount thereof to the party to whom costs are given. ORDER V EVIDENCE I-Exclusion of Witnesses 1. although intended to be called as witnesses. Such failure shall be deemed to have taken place if the client shall have refused or neglected to make payment after a demand has been made on him. if the Court so orders. kept in the course of business with such Entries in books a reasonable degree of regularity as shall be satisfactory to the Court or a of account Judge. although no process of execution may have been issued against him. every such barrister or advocate shall. Ordering witnesses out of court 2. with witnesses II-Documentary Evidence O. but shall not alone be sufficient evidence to charge any person with liability. The Government Gazette in Zambia and any Government Gazette of Government any Commonwealth Country may be proved by the bare production of Gazettes . or on its own motion. but this rule does not extend to the parties themselves or to their professional representatives. shall be admissible in evidence whenever they refer to a matter into which the Court or a Judge has to inquire.continue any litigation. the Court may order witnesses on both sides to be kept out of court. Entries in books of account. The Court may.

without being summoned to give evidence. Books printed or published under the authority of the government of Foreign law a foreign country and purporting to contain the statutes. to science. shall be admissible as evidence of the law of such country. the Court or a Books of Judge may refer.I. nominations. (As amended by S. 8. 71 of 1997) 5. and other official communications of the Government. 7. charts. such published books. and also printed and published books of reports of the decisions of the courts of such country. and no Act or statute exists which renders its contents provable by means of a copy. maps or charts as the Court or a Judge shall consider to be of authority on the subject to which they relate. 6. science or art. On matters of public history. No.I. code or other written law of such country. Acts of State. 63 of 1964 and S. No. whether a party or not. 9. 10. if he cause such document to be produced. for the purposes of evidence. shall prima facie be deemed to be correct. if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted. Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody. All Proclamations. Proof of Proclamations. appearing in any Gazette referred to in the last preceding rule may be proved by the production of such Gazette. Public maps Examined or certified copies of documents admissible in evidence Production of documents without giving evidence . etc. and shall be admitted in evidence without further proof. maps. any copy thereof or extract therefrom shall be admissible in evidence. the Court or a Judge may dispense with his personal attendance. etc. and books proved to be commonly admitted in such courts as evidence of the law of such country. in a cause or matter may be summoned to produce a document. and not made for the purpose of any litigated question. All maps made under the authority of any government or of any public municipal body. appointments. literature. Any person. if it or he shall think fit. whether legislative or executive. and shall be prima facie proof of any fact of a public nature which they were intended to notify.the Government Gazette. and.

costs or and re-swearing otherwise as seem reasonable. 14. and the time. 5 Affidavits to be filed 12. or before his before certain Advocate. When a witness deposes to his belief in any matter of fact. 15. the name of his informant shall be stated. and his Grounds of belief to be belief is derived from any source other than his own personal knowledge. An affidavit shall not be admitted which is proved to have been Not to be sworn sworn before a person on whose behalf the same is offered. and the original or an office copy shall alone be recognised for any purpose by the Court or a Judge. he shall set forth explicitly the facts and circumstances stated forming the ground of his belief. place and circumstances of the information. the original shall be filed in the Court. No extraneous matter Contents of affidavits 17. O. persons 13. The Court or a Judge may permit an affidavit to be used Defective in notwithstanding it is defective in form according to these Rules. When the belief of a witness is derived from information received Informant to be from another person. Where any document referred to in an affidavit and exhibited Copies of . 18. An affidavit shall not contain extraneous matter by way of objection or prayer or legal argument or conclusion. or before a partner or clerk of his Advocate. Before an affidavit is used in any proceeding for any purpose. A defective or erroneous affidavit may be amended and re-sworn. and named reasonable particulars shall be given respecting the informant. either of his own personal knowledge or from information which he believes to be true. Every affidavit shall contain only a statement of facts and circumstances to which the witness deposes. 16. if the form Court or a Judge is satisfied that it has been sworn before a person duly authorised. on such terms as to time. 19.III-Affidavits 11. Amendment by leave of the Court or a Judge.

trade or profession. 5 In first person Erasures. The following rules shall be observed by Commissioners and others before whom affidavits are taken: (a) Every affidavit taken in a cause or matter shall be headed in the Court and in the cause or matter. without interlineation. so written as to facilitate fraudulent alteration. or is. (No. and shall be signed by the Commissioner. exhibits book of account or extract therefrom. he may refuse to swear the witness.thereto is a handwritten document other than a statement of account. (d) Any erasure. immediately at the foot of the affidavit.. (c) It shall be in the first person and divided into convenient paragraphs. if he cannot write. there shall also be exhibited therewith a typewritten or printed copy thereof certified in such affidavit to be a true and correct copy of the original. (f) The affidavit shall be signed by the witness (or. and towards the left side of the paper. interlineation or alteration made before the affidavit is sworn shall be attested by the Commissioner. numbered consecutively. (e) Where an affidavit proposed to be sworn is illegible or difficult to read. marked by him with his mark in the presence of the Commissioner). alteration or erasure. 106 of 1959) 20. and require the affidavit to be re-written in an unobjectionable manner. alteration or erasure (unless the same be initialed by the Commissioner). in the judgment of the Commissioner. (g) The jurat shall be written. It shall state the date of the swearing and the place where it is sworn. who shall affix to be attested his signature or initials in the margin immediately opposite to the interlineation. residence and nationality of the witness. It shall state that the affidavit was sworn before the In presence of If improperly written Witness to sign Form of jurat Date and place . Rules in taking affidavits To be properly entitled Description of witness O. etc. (b) It shall state the full name.

their several names shall be written in the jurat. (l) Every certificate on an exhibit referred to in an affidavit signed by the Commissioner before whom the affidavit is sworn shall be marked with the short title of the cause or matter. he shall mention the alteration. to be re-sworn (i) If the jurat has been added and signed. without oath according to his religious belief. New affidavit (k) The Commissioner may take. and may require a fresh affidavit. to be admitted to make a sworn affidavit. and that the witness appeared to understand it. to be altered in any manner without being re-sworn. unlawful. without oath. it shall state the fact. and. Where the witness makes a mark instead of signing. (h) The Commissioner shall not allow an affidavit. by reason of O. the jurat shall state that fact. (j) The Commissioner may refuse to allow the affidavit to be re-sworn. 106 of 1959) IV-Objections to Evidence Certificate on exhibit . when sworn. and that the mark was made in the presence of the Commissioner. If affidavit altered.Commissioner or other officer taking the same. the Commissioner shall New jurat add a new jurat on the affidavit being re-sworn. ought not. in the new jurat. the declaration of Declarations any person affirming that the taking of any oath whatsoever is. and Illiterate or that the affidavit was read over (or translated into his own language in blind witness the case of a witness not having sufficient knowledge of English). and it shall appear by the jurat that each of them has been sworn to the truth of the several matters stated by him in the affidavit. The Commissioner shall record in the attestation the reason of such declaration being taken without oath. in the opinion of the Commissioner. Commissioner Where the witness is illiterate or blind. 5 immature age or want of religious belief. Marksmen Joint affidavit Where two or more persons join in making an affidavit. or who. (As amended by No.

an order shall not be made authorising the evidence of such witness to be given by affidavit. if required by either party. for sufficient reason. Where a question proposed to be put to a witness is objected to. where it appears to the Court that the other party bona fide desires the production of a witness for cross-examination. on appeal. to be dispensed with be examined by interrogatories or otherwise before an officer of the Court or other person: Provided that. and that such witness can be produced. the answer to it. the Where question objected to Court or a Judge. and mention on the notes whether the question was allowed to be put or not and. or that any witness whose attendance in court ought. 25. and at every stage thereof. how taken voce and in open court. in its discretion. for some sufficient cause. 218 of 1944) When to be made 22. (As amended by No. on such conditions as the Court may think reasonable. 23. 5 justice appear absolutely so to require (for reasons to be recorded in the Admission of Marking of rejected documents . and subject to Evidence of these Rules. if put. Where a document is produced and tendered in evidence and rejected by the Court or a Judge. shall. unless the objection appears frivolous. entertain any objection to evidence received in a subordinate court. but the Court may at any time. any objection to the reception of evidence by a party affected thereby shall be made at the time the evidence is offered: Provided that the Court may. In any suit. or that the affidavit of any witness may be read at the hearing or trial. though not objected to at the time it was offered. V-Taking of Evidence 24. the document shall be marked as having been so tendered and rejected. take a note of the question and objection. if the interests of O. In every case. order that any particular fact or facts may be proved by affidavit. In the absence of any agreement between the parties.21. the Court may. in its discretion. the witnesses at the trial or any suit shall be examined viva witnesses.

26. and then the notes of the evidence shall be read over to the witness and be signed by him. How to be taken 27. the officer of the Court or other person shall add a note of his refusal. O. If the witness refuses. but that he is about to leave the jurisdiction. not less than four clear days before the return day. 6 . 28. and may order any deposition so taken to be filed in the Court. and may empower any party to any such suit to give such deposition in evidence therein on such terms. Evidence may be taken in like manner. shall be taken. Evidence on commission. 29. The Court or a Judge may. 5. of any witness or person.minutes of the proceedings). and the evidence so taken may be used at the hearing. although it affidavits is shown that the party against whom the affidavit is offered in evidence has had no opportunity of cross-examining the person making the affidavit. when not directed to be taken upon interrogatories previously settled. as evidence at the hearing of a suit. before any officer of the Court or other person. and the statement may be used as if he had signed it. as to the Court or a Judge may seem reasonable. and at any place. admit an affidavit in evidence. or that. as nearly as may be. where it is shown to the satisfaction of the suit instituted Court or a Judge on oath that the person applying has good reason to apprehend that a suit will be instituted against him in the Court. Any party desiring to give in evidence any deed or other instrument which shows upon the face of it that it has been duly executed may deliver to the opposite party. and requiring the opposite party to Facilities for proving deed. make any order for the examination. on the application of any Evidence before person. before suit instituted. the person applying will lose the benefit of his evidence if it be not at once taken. in any suite where it shall appear Evidence on commission necessary for the purpose of justice. from some other cause. as the Court or a Judge may direct. a notice in writing specifying the date and nature of and the parties to such deed or instrument. and that some person within the jurisdiction at the time of the application can give material evidence respecting the subject of the apprehended suit. subject to just exceptions: Provided always that the Court or a Judge may impose any terms or conditions with reference to the examination of such witness. etc. and the admission of his evidence. if any.

or shall have given approved security for. saving all just exceptions as to its admissibility. such sum as the Court or a Judge shall consider sufficient to cover the expenses incurred. in connection with and in consequence of the grant of any such application.admit that the same was executed as it purports to have been. and. Where the Court or a Judge to which or to whom application is made for the issue of a commission for the examination of a person residing at a place not within Zambia is satisfied that the evidence of such person is necessary. The Court shall not issue any commission or letter of request abroad for the taking of evidence. validity and contents. unless and until the person applying for the issue of such commission or letter of request shall have paid into court by way of deposit. be commenced by writ of summons endorsed with or accompanied by a full statement of claim. notwithstanding the provisions of any other written law. the party so notified shall neglect or refuse to give such admission. whether he be the successful party or not. the Court may issue such commission or a letter of request. the Court or a Judge may order the costs of such proof to be paid by the party so neglecting or refusing. and if. Commission or letter of request Not to issue until sum deposited in court to cover cost thereof ORDER VI WRITS OF SUMMONS AND ORIGINATING PROCESS 1. or likely to be incurred. upon production of such proof. 30. (2) The Court shall not issue any writ of summons which is not endorsed with or accompanied by a full statement of claim. at or before the hearing of the suit. the Court or a Judge may adjourn the hearing in order to enable the party tendering such deed or instrument to obtain proof of the due execution thereof. every action in of proceedings the Court shall. 31. (3) The proper officer shall seal with the official seal the writs of summons and the statement of claim where such statement of claim is . (1) Except for petitions under the Constitution and Matri-monial Commencement Causes Acts and applications for writs of habeas corpus.

No. besides stating the nature of the claim. No.I. (As amended by S. No. or of the relief or remedy required and shall. (1) Whenever the plaintiff's claim is for a debt or liquidated demand Endorsement only. Every writ of summons shall be endorsed with a statement of the nature of the claim made. his advocate or agent. 71 of 1997) Writs to be 3.I. 71 of 1997) 2. and for costs liquidated respectively.I. 71 of 1997) 5. subject to the other provisions of these Rules. or if the defendant is making the payment by order or on behalf of a person so resident. and shall further state that the defendant can pay the amount claimed and costs(a) into Court if the plaintiff or one of the two or more co-plaintiffs is resident ouside Zambia or is acting by order or on behalf of a person so resident. state a time (to be fixed by the Registrar) within which appearance must be entered by the party sued or to be served.I. (As amended by S. and that (b) the payment shall be made within the time allowed for appearance. (No. No. or in all other cases to the plaintiff.I. the endorsement. if tested the office of the Chief Justice be vacant. in the name of the Judge or other person appointed to perform the functions of the Chief Justice. Every writ of summons shall be in the appropriate form as set out in Form of writ of the First Schedule with such variations as circumstances may require. 63 of 1964 and S. and that upon such payment further proceedings will be stayed: O. S. 106 of 1959 as amended by No. 71 of 1997) 4. 6 Endorsement of writ of summons . Every writ of summons shall bear the date on the day on which it shall be issued. 309 of 1960. No.on a separate sheet and shall return the copies to the person commencing the action.I. and shall be tested in the name of the Chief Justice or. No writ of summons shall be issued unless the proper fees have been Payment of fees paid. summons (As amended by S. No. 71 of 1997) 6. (As amended by S. shall state where claim is the amount claimed for debt or in respect of such demand.

(As amended by S. notwithstanding a payment under this rule. (As amended by S. (3) The defendant may. 71 of 1997) 10. upon being commenced. 71 of 1997) 8.I. be assigned to a Judge Assignment of who shall be responsible to monitor its pace and eventually hear the cause on filing cause.Provided that where the defendant pays the amount into Court under this rule he shall give notice of the payment to the plaintiff. written or printed or partly written and partly printed of the writ and all the endorsement thereto. Every action shall. (As amended by S. the letters and a number. 106 of 1959 as amended by S. in the manner in which causes are now distinguished in such registers. No. 71 of 1997) 9. The proper officer receiving the copy shall file it and an entry of the O.I. in Form 17 set out in the First Schedule. No. 7 filing thereof shall be made in a book to be called the Civil Causes Filing and Register. The plaintiff or his advocate shall. his advocate or agent.I. 6. and the action shall be distinguished by the date of the year. leave with the proper officer a copy. (As amended by S.I. 71 of 1997) 7. No. Every writ of summons shall be sealed by the proper officer and shall thereupon be deemed to be issued.I. and the copy shall be signed by or for the advocate. or by the plaintiff himself if he is proceeding in person. No. (2) The endorsement for costs required by sub-rule (1) shall be as set out in Form 4 in the First Schedule. to trial Judge (No. the plaintiff's advocate shall pay the costs of taxation. 71 of 1997) Procedure on sealing Sealing ORDER VII . No. which is to be kept in the manner which civil causes registers marking are now kept. on presenting any writ or summons for sealing. and if more than one-sixth shall be disallowed. have the costs taxed.

in addition to the matters set out in sub-rule (1). (1) The advocate of a plaintiff suing by an advocate shall endorse upon the writ of summons- (a) the address of the plaintiff. (2) Where any such advocate is only agent of another advocate. (As amended by S. Where plaintiff sues in person (2) If his place of residence and postal address are not more than ten O. and if his place of residence and postal address or either of them be more than ten kilometres from such Registry. 8 kilometres from the Registry at which the writ is issued. (b) his own name or firm and his own place of business and the postal address thereof. and (c) if his place of business and postal address or either of them be more than ten kilometres from the Registry at which the writ is issued. 71 of 1997) 2. his postal address and his occupation.ENDORSEMENT OF ADDRESS (No. 106 of 1959) Where the plaintiff sues by advocate 1. a proper place and postal address or either of them. either of such addresses shall be an address for service for the purposes of these Rules. the plaintiff shall also endorse on the writ of summons a proper place and postal address or either of them. as the case . No. (1) A plaintiff suing in person shall endorse upon the writ of summons his place of residence. as the case may require. and either of the addresses which are not more than ten kilometres from such Registry shall be his address for service for the purposes of these Rules. he shall. add the name or firm and place of business of the principal advocate. or if he has no place of residence or postal address.7. which shall be not more than ten kilometres from such Registry.I.

106 of 1959) 1. An address for service shall be an address where notices. and such seal shall be impressed upon the writ by the proper officer: Provided always that such concurrent writ or writs shall only be in force for the period during which the original writ in such action shall be in force. 4. each concurrent writ to bear teste issued of the same day as the original writ. as the case may be.I. The plaintiff in any action may. if not required to be served personally. pleadings. summonses. warrants and other documents. may be left for or posted to the plaintiff or his advocate. which shall not be more than ten kilometres from such Registry and either of the addresses within the limit aforesaid shall in such case be his address for service. Where notice of a writ of summons is to be served on a defendant in Where notice is pursuance of Order X.may require. (As amended by S. the preceding rules of this Order shall apply to the process by commenced by which the proceedings are originated as they apply to a writ of writ summons. the endorsements required by the served in lieu of preceding rules of this Order shall be made both on the writ and on the writ notice. ORDER VIII CONCURRENT WRITS (No. how one or more concurrent writ or writs. Proceedings not 5. issue writ. at any time of or at any time during Concurrent twelve months after the issuing of the original writ of summons. No. . Address for orders. and to be marked with a seal bearing the word "concurrent" and the date of issuing the concurrent writ. proceedings and service written communications. rule 18. Where proceedings are commenced otherwise than by writ of summons. 71 of 1997) 3.

out of the jurisdiction. apply to the Court or a Judge for leave to renew the writ. with such variations as . Renewal seal 1. before the expiration of the twelve months. but if any defendant therein named shall not have been served therewith the plaintiff may. 106 of 1959) Original writ in force for 12 months. An originating summons for service within the jurisdiction may be issued and marked as a concurrent originating summons with one for service out of the jurisdiction. or for other good reasons. 8. 4. may be issued and marked as a concurrent writ with one for service within the jurisdiction.2. mutatis mutandis. and so from time to time during the currency of the renewed writ. such seal to be impressed upon the writ by the proper officer. 10 Concurrent originating summons for service within and without the jurisdiction ORDER IX RENEWAL OF WRIT (No. may order that the original or concurrent writ of summons be renewed for six months from the date of such renewal inclusive. for more than twelve months from the day of the date thereof. A concurrent originating summons may be issued in the same manner. as a concurrent writ of summons. upon delivery to him by the plaintiff or his Advocate of a memorandum in Form 12 in the First Schedule. Concurrent originating summons Concurrent writs for service within and without the jurisdiction 3. and an originating summons for service out of the jurisdiction may be issued and marked as a concurrent originating summons with one for service within the jurisdiction. month and year of such renewal. O. and a writ for service or whereof notice in lieu of service is to be given. 9. And the writ shall in such case be renewed by being marked with the seal of the Court and bearing the date of the day. including the day of such date. A writ for service within the jurisdiction may be issued and marked as a concurrent writ with one for service. and the Court or Judge if satisfied that reasonable efforts have been made to serve such defendant. or whereof notice in lieu of service is to be given. No original writ of summons shall be in force. out of the jurisdiction.

and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited. and the fact of any refusal to sign shall be so endorsed by the person serving. of which service is required may be made by any person. The production of a writ of summons purporting to be marked with Effect of the seal of the Court. 37 of 1964 and S. default of appearance to which would. notice. ORDER X SERVICE OF PROCESS 1. (S. and for all other purposes. summonses. explain to such party the contents of such document. showing the same to have been renewed in manner renewal aforesaid. notices. No. and of the commencement of the action as of the first date of such renewed writ for all purposes. (1) All writs. shall request the party served to acknowledge receipt by signing on the original or other copy of the process or on some other document tendered for the purpose. (2) Any person serving any document shall. in respect of which personal service is not requisite.circumstances may require. pleadings. 10 (3) Any person serving a writ of summons or other originating Acknowledgement process. as defined by Orders VII and XI. O. shall be sufficient evidence of its having been so renewed. (1) Personal service of a petition. under Order X11. where not personal . on the request of the party served. Service may be effected by any person Document to be explained. shall be sufficiently served if left at the address for service of the person to be served. or if posted in a prepaid registered envelope addressed to the person to be served at the postal address for service as aforesaid: Mode and time of service. summons. warrants and other documents. with any person resident at or belonging to such place. proceedings and written communications. from the date of the issuing of the original writ of summons. of service entitle the plaintiff to enter final judgment. orders. 30 of 1984) 2. order or other document. 2.I.I. No.

(As amended by No. all writs. notices. public advertisement or otherwise. (2) This rule does not apply in the case of documents for which special provisions for service have been made by any written law.I. the document to be served shall be Personal service delivered to the person to be served himself. 10 Service of writ of summons Service upon advocate of party formerly appearing in person . pleadings. pleading. O. (As amended by No. orders. the time at which the document so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof. shall thereafter be delivered to or served upon such advocate. notice. summonses. after having sued or appeared in person. which ought to be delivered to or served upon the party on whose behalf the notice is given. order. Where service is personal. 106 of 1959) 4. (As amended by No. that such advocate is authorised to act in the cause or matter on his behalf. where service under this rule is made by registered post. as may be just. summons. as the case may be. proceeding or written communication service is required and it is made to appear to the Court or a Judge that prompt personal service cannot be effected. Personal service of the writ on the defendant shall not be required where the defendant's advocate undertakes in writing to accept service on behalf of the defendant. or for the substitution for service of notice by letter. Service shall be completely effected by the delivery of a duplicate or attested copy of any document. 109 of 1994) 6. Every application to the Court or a Judge for an order to be made under this rule shall be supported by an affidavit setting forth the grounds upon which the application is made. Where personal service of any writ. 106 of 1959 S. No. Where a party. warrants and other documents. 106 of 1959) 5. 63 of 1964) Substituted 3. has given notice in writing to the opposite party or his advocate. (As amended by No. Such notice shall contain all the particulars required from an advocate by Order VII or XI. warrant or other document.Provided that. proceedings and written communications. through a advocate. the Court or a Judge may make such order for substituted or other service.

11. (As amended by S. or where a party or his advocate. of service 9. Where no appearance has been entered for a party. from time to time. Service where no appearance or no address for service 8. or in both characters. as the case may be.I. for officers the purpose of being served on him. orders. or at the principal place within the jurisdiction of the business of the partnership upon any person having. with respect Varying order to the mode of service directed by the order. 10. Service in a civil cause shall not be made on Sunday. (3) Service of a writ or other court process on a body corporate other than a company shall be effected on any office bearer. 7. proceedings and written communications in respect of which personal service is not requisite may be served by filing them with the Registrar. 71 of 1997) . warrants and other documents. notices. the person served shall be deemed to be served as a partner. the control or management of the partnership business there. all writs. (2) Where a writ is issued against a firm. No. summonses. the writ or On partners other document shall be served either upon any one or more of the partners. (1) Where partners are sued in the name of their firm. and such service shall be deemed good service upon the firm. if it shall appear to the Court or a Judge that it may be most conveniently so served. An order for service may be varied. pleadings. at the time of the service. Service on the Registrar may transmit a duplicate of the document to be served to Government the head officer of the department in which such party is employed. In default of such notice. has omitted to give an address for service. every person upon whom it is served shall be informed by notice in writing given at the time of such service whether he is served as a partner or as a person having the control or management of the partnership business. Good Friday or Dies non Christmas Day.without the exhibition of any original. When the party to be served is in the service of the Government. and such head officer shall cause the same to be served on the proper party accordingly.

it shall asylum or be sufficient service to deliver the writ or document to the gatekeeper or prison lodgekeeper of such asylum or prison. it shall be sufficient service to deliver the writ or document at On prisoner the prison to the gaoler or person appearing to be the head officer in charge thereof. 13. Where the suit is against a defendant residing out of but carrying on business within the jurisdiction in his own name.12. the writ or document may be served by giving it to such agent. or (b) Any act. and such service shall be equivalent to personal service on the defendant. obligation. 10 a prison. or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument. which ought to be executed according to the law of Zambia. deed. or the perpetuation of testimony relating to land within the jurisdiction. or liability affecting land or hereditaments situate within the jurisdiction. annual or otherwise affect a contract or to recover damages or other relief for or in respect of the breach of a contractWhere defendant resides out of but carries on business within jurisdiction When service out of the jurisdiction allowed . who shall cause the same to be served on such prisoner. Service out of the jurisdiction of a writ of summons. contract. or of a notice of such writ of summons. or (e) The action is one brought to enforce. or under the name of a firm. or enforced in the action or matter. will. Where the person on whom service is to be effected is employed On person in and dwells in any lunatic or other public asylum or in any prison. originating summons or originating notice of motion. originating summons or notice of motion may be allowed by the Court or a Judge whenever(a) The whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits). or (d) The action is for the administration of the personal estate of any deceased person. or (c) Any relief is sought against any person domiciled or ordinarily resident within the jurisdiction. through an authorised agent. of which the person to be served is a trustee. dissolve. who at the time of his death was domiciled within the jurisdiction. who shall cause the same to be served on such person. rectified. 15. rescind. Where the person on whom service is to be effected is a prisoner in O. is sought to be construed. and such suit is limited to a cause of action which arose within the jurisdiction. set aside. 14.

or O. originating summons or originating notice of motion may be made ex parte to the Court or a Judge on deposit of the writ. or (f) The action is founded on a tort committed within the jurisdiction. The affidavit shall state(a) the grounds upon which the application is made and the facts which bring the plaintiff's case within the class in respect of which Application for leave to serve out of jurisdiction . originating summons. No. or it is one brought in respect of a breach committed within the jurisdiction of a contract wherever made. sale. even though such breach was preceded or accompanied by a breach out of the jurisdiction which rendered impossible the performance of the part ofthe contract which ought to have been performed within the jurisdiction.I. foreclosure. that is to say. or any nuisance within the jurisdiction is sought to be prevented or removed. re-conveyance. delivery of possession by the mortgagor. whether damages are or are not also sought in respect thereof. or (h) Any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction. An application for leave to issue for service out of the jurisdiction a writ of summons. or originating notice of motion or a concurrent writ of summons. summons or notice with the Registrar together with an affidavit in support of such application. 218 of 1944 as amended by S. delivery of possession by the mortgagee. or made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction. (No. redemption. or (g) Any injunction is sought as to anything to be done within the jurisdiction.(i) (ii) made within the jurisdiction. or (i) The action is by a mortgagee or mortgagor in relation to a mortgage of personal property situate within the jurisdiction and seeks relief of the nature or kind following. 63 of 1964) 16.10 (iii) by its terms or by implication to be governed by Zambian law. but does not seek (unless and except so far as permissible under paragraph (e)) any personal judgment or order for payment of any moneys due under the mortgage.

summons or notice may be allowed. it shall be sufficient to inform the person to be served of the nature of the writ or document.service out of the jurisdiction may be allowed. 218 of 1944 as amended by S. Where violence threatened Service on foreign person in foreign country O. 63 of 1964) 19.I. 10 Substituted service out of the jurisdiction 20. notice thereof and not the originating process itself shall be served upon such person.I. In all cases where service of any writ or document shall have been Certificate of effected by a bailiff or other officer of Court. No. on production. 218 of 1944) 18. from personally serving the writ or document. summons or notice issued for service within the jurisdiction cannot be ordered but if a concurrent writ. Where a writ of summons. 106 of 1959) . summons or notice for service out of the jurisdiction is issued then substituted service out of the jurisdiction of such concurrent writ. Where the officer of Court or person charged with the service of any writ or document on any person is prevented by the violence or threats of such person. a certificate of service in service Form 14 in the First Schedule signed by such bailiff or other officer shall. Substituted service out of the jurisdiction of a writ. (As amended by No. without proof of signature. (No. (b) that the deponent is advised and believes that the plaintiff has a good cause of action or right to relief. originating summons or originating notice of motion is issued for service out of the jurisdiction upon a person not being a citizen of Zambia. summons or notice. and to leave the writ or document as near such person as is practicable. or any other person in concert with him. summons or notice issued for service out of the jurisdiction may be ordered to be served by substituted service whether outside the jurisdiction or within the jurisdiction and either with or without the issue of any concurrent writ. (d) whether the defendant is a citizen of Zambia or not. 218 of 1944 as amended by S. 63 of 1964) 17. No. A writ. be prima facie evidence of service. (No. (No. (c) in what place or country the defendant resides or probably may be found.

In all cases the bailiff or other officer of Court charged with the Return service of any particular process shall not later than fourteen days after the receipt of the process render a return in Form 16 in the First Schedule to the Court in duplicate and the duplicate thereof shall thereupon be despatched by the proper officer to the party requiring the same to be served. and shall be transmitted to the Court by the Permanent Secretary. The person serving a writ of summons shall. (b) Service of the process or citation shall be effected by an officer of the Court. . endorse on the writ the day of the month and week of the service thereof. Translation required Service by officer of the Court (c) Such service shall be effected by delivering to and leaving with Service.21. 106 of 1959) 23. (No. giving reasons why the same has not been so served. and by two copies of the process or citation to be served and two copies thereof in the English language. This rule shall apply to substituted as well as other service. or his Advocates. the following procedure shall be adopted: (a) The letter of request for service shall be accompanied by a translation thereof in the English language. otherwise the plaintiff shall not be at liberty O. in any civil or commercial matter pending before a court or Transmission of letter of request tribunal of a foreign county. a letter of request from such court or tribunal for service on any person within the jurisdiction of any process or citation in such matter is transmitted to the Minister responsible for foreign affairs and such Minister considers that it is desirable that effect should be given to the same. Ministry of Foreign Affairs.10 (except where service shall have been effected by an officer of the Court appointed under Part VIII of the Act) in case of non-appearance to proceed by default. Where. and every affidavit of service of such writ shall mention the day on which such endorsement was made. specifying whether the same has been served and. within three days at Endorsement on service most after such service. if not. in accordance with the rules and practice of the Court regulating service of process. 106 of 1959) 22. how to the person to be served one copy of the process to be served and one be effected copy of the translation thereof. (No.

the Court or a Judge may make all such orders for substituted service or otherwise as may be necessary to give effect to the above procedure. and a copy of the translation to the party or person to be served in person by an officer of the Court. (c)The Registrar shall transmit to the consular or other authority making the request a certificate establishing the fact and the date of service in O. 63 of 1964) 24. duly sealed with the seal of the Court. The particulars of charges of the officer employed to effect service shall be submitted to the taxing master of the Court. No. together with the evidence of service to service by affidavit of the person effecting the service verified by a Registrar person empowered to take oaths. in any civil or commercial matter pending before a court or tribunal in any foreign country with which a Convention in that behalf has been or shall be made and applied to the Republic. (b) No court fees shall be charged in respect of this service. with a certificate appended thereto in Form 49 in the First Schedule. with such variations as circumstances may require. the letter of request for service received from the foreign country together with the evidence of service. the following procedure shall.(d) After service has been effected the process server shall return to Report of the Registrar one copy of the process. (As amended by S. as indicated in the request. (e) The particulars of charges for the cost of effecting service shall be submitted to the taxing master of the Court. for transmission to the foreign country concerned. a request for service of any document on a person in Zambia is received by the Court from the consular or other authority of such country. (f) The Registrar shall forward to the Permanent Secretary. be adopted: (a) The service shall be effected by the delivery of the original or a copy of the document. who shall certify the correctness of the charges or such other amount as shall be properly payable for the cost of effecting service.I. subject to any special provisions contained in the Convention. 11 Service of foreign documents in Zambia Taxing master to certify charges Letter of request to be returned to Ministry of Foreign Affairs Substituted service . 10. Where. who shall certify the amount properly payable in respect thereof. and particulars of charges for the cost of effecting such service. (g) Upon the application of the Attorney-General. Ministry of Foreign Affairs.

at the same time. (1) A defendant shall enter appearance to a writ of summons by Mode of delivering to the proper officer sufficient copies of memorandum of entering appearance in writing dated on the day of their delivery. enter the appearance through post the post by sending to the proper officer by pre-paid registered letter(a) sufficient copies of the memorandum of appearance duly . (1) In the case of a defendant desiring to enter the appearance in O. shall notify to the said consular or other authority the amount of the charges certified under paragraph (b). and containing appearance the name of the defendant's advocate.person. the defendant may. (As amended by S. 11 person. or stating that the defendant is defending in person. and.I. (3) The proper officer shall seal the memorandum of appearance and defence and shall return the copies to the person filing them for service upon the plaintiff. 71 of 1997) 2. ORDER XI APPEARANCE (No. the defendant shall be at liberty to apply for further and better particulars of the statement of claim within the period specified for delivery of the memorandum and defence. The defendant shall at the same time deliver to the proper officer sufficient copies of the defence and counter claim if any: Provided that before delivering the memorandum and defence. in lieu of delivering to the proper officer the Appearance by memorandum of appearance and defence. 106 of 1959) 1. No. or indicating the reason for which it has not been possible to effect it. (2) A memorandum of appearance not accompanied by a defence shall not be accepted.

one addressed to the plaintiff's advocate or to the plaintiff if he sues in person at the postal address for service. 71 of 1997) 3. (2) Sub-rule (1) shall not apply to a defendant entering an appearance in person through the post under rule 2. No. to the plaintiff by: (a) leaving copies of the sealed memorandum of appearance and defence at the address given for service: or (b) sending the copies of the memorandum of appearance and defence by pre-paid letter directed to the postal address for service and posted on the date of entering the appearance in due course of post.I. (b) sufficient copies of the defence and counter claim. and (c) two envelopes each sufficiently stamped. No.completed. if any. give notice of the appearance to the plaintiff's advocate or appearance if a plaintiff sues in person. (As amended by S. (1) A defendant shall. (As amended by S. 71 of 1997) 4. (2) On receipt of these documents the proper officer shall forthwith enter the appearance as of the date of receipt of the memorandum of appearance and defence and shall seal them with the official seal showing the date on which they are sealed and shall post a copy to the defendant: Provided that no appearance shall be accepted which is received out of time.I. and the other addressed to the postal address of the defendant entering the appearance. on the day of entering the appearance to a writ Notice of of summons. (1) The advocate of a defendant appearing by advocate shall state in Defendant's the memorandum of appearanceaddress for service .

Memorandum irregular. (2) Where any such advocate is only agent of another advocate. Address for . add the name or firm and place of business of the principal Advocate. a proper place and postal address or either of them. either of such addresses shall be an address for service for the purposes of these Rules and if his place of residence and postal address or either of them be more than ten kilometres from such Registry. and if any such address shall be illusory or fictitious. he shall. (As amended by S. and (b) if his place of business and postal address or either of them be O. 71 of 1997) 6.I. the defendant shall also state in the memorandum of appearance a proper place and postal address or either of them.(a) his own place of business and the postal address thereof. 71 of 1997) 5. An address for service shall be an address where notices. which shall not be more than ten kilometres from such Registry and either of the addresses within the limit aforesaid shall in such case be an address for service. as the case may require. When defendant appears in person (2) If his place of residence and postal address are not more than ten kilometres from the Registry in which the cause or matter is pending. or if he has no place of residence or postal address.I. and either of the addresses which are not more than ten kilometres from such Registry shall be his address for service for the purposes of these Rules. No. pleadings. address fictitious 7. on the application of the plaintiff. the appearance may be set aside by the Court or a Judge. (1) A defendant appearing in person shall state in the memorandum of appearance his place of residence and postal address. (As amended by S. If the memorandum does not contain such address it shall not be received. which shall be not more than ten kilometres from such Registry. as the case may require. in addition to the matters set out in sub-rule (1). No. 11 more than ten kilometres from the Registry in which the cause or matter is pending.

or he may at the proper time deliver a defence denying either or both (1) his liability as a partner. or (B) the person entering the appearance may apply to set aside the service on him on the ground that he was not a partner or liable as such. 13.orders. continue in the name of the firm. Such appearance as long as it stands shall be treated as an appearance for the firm. or may leave that question to be determined at a later stage of the proceedings. may enter an appearance stating therein that he does so as "a person served as a partner in the defendant firm. the names of all the defendants so appearing shall be inserted in one memorandum. but all subsequent proceedings shall. If two or more defendants in the same action shall appear by the same advocate and at the same time. summonses. If an appearance is so entered (A) the plaintiff may apply to set it aside on the ground that the person entering it was a partner or liable as such. but who denies that he was a partner or liable as such at any material time. rule 11. proceedings and service written communications. O. 11. the proper officer shall forthwith enter the appearance in the Civil Causes Register. Upon receipt of a memorandum of appearance. Any person served as a partner under Order X. 9. on the application of either party at any time. nevertheless. Where a writ is served under Order X. Where persons are sued as partners in the name of their firm. they Appearance of partners shall appear individually in their own names. 8. warrants and other documents. 11 No appearance except by partners Appearance under protest of person served as partner Defendants appearing by same advocate . be made that the questions as to the liability of the person served and the liability of the defendant firm may be tried in such manner and at such time or times as the Court or a Judge may think fit. no appearance by him shall be necessary unless he is a member of the firm sued. may be left for or posted to the defendant or his Advocate. An order may. 12. (2) the liability of the defendant firm in respect of the plaintiff's claim. The memorandum of appearance shall be in Form 18 in the First Schedule. rule 11 (2). as the case may be. but who denies that he was a partner at any material time". Memorandum of appearance Officer to enter memorandum 10. upon a person having the control or management of the partnership business. if not required to be served personally. with such variations as circumstances may require.

without obtaining Motion to set . Any person appearing to defend an action for the recovery of land Landlord appearing as landlord. intituled in the action against the party named in the writ as defendant. with such variations as circumstances may require. A advocate not entering an appearance in pursuance of his written Advocate not undertaking so to do shall be liable to an attachment. or to the plaintiff if he sues in person. where the defence is not limited as above mentioned. on filing an affidavit showing that he is in possession of the land either by himself or by his tenant. Any person appearing to a writ of summons for the recovery of land shall be at liberty to limit his defence to a part only of the property mentioned in the writ. by leave of the Court or a Judge. Where a person not named as defendant in any writ of summons for the recovery of land has obtained leave of the Court or a Judge to appear and defend. he shall enter an appearance. The notice mentioned in rule 19 shall be in Form 19 in the First Schedule. 18. 19. 12 Recovery of land limiting defence Form of notice 21. entering appearance 15. shall state in his appearance that he appears as landlord.14. Such notice shall be served within four days after appearance. Any person not named as a defendant in a writ of summons for the Recovery of land recovery of land may. and shall forthwith give notice of such appearance to the plaintiff's advocate. or in a notice intituled in the action and signed by him or his advocate. 20. Time of appearance 16. and an appearance. 17. appear and defend. 11. shall be deemed an appearance to defend for the whole. A defendant may appear at any time before judgment. describing that part with reasonable certainty in his memorandum of appearance. and shall in all subsequent proceedings be named as a party defendant to the action. in respect of property whereof he is in possession only by his tenant. according to the foregoing rules of this Order. A defendant before appearing shall be at liberty. person not named defendant O. Recovery of land.

or to discharge the order authorising such service. 22.I. or for detention of goods with or without a claim of pecuniary damages. 71 of 1997) (2) Where the writ of summons is endorsed for a liquidated demand and there are several defendants. Several defendants Liquidated demand endorsed. (As amended by S. as in sub-rule (1). before they are heard. No. and the defendant fails. and the defendant fails. than if he had appeared according to the summons. to the date of the judgment and costs. Form 30 Damages or detention of goods O.I. the plaintiff may enter final judgment. or all the defendants if more than one. if more than one. No. If he appears at any time after the time limited by the summons for appearance he shall not. to take out a aside writ summons or serve notice of motion to set aside the service upon him of the writ or of notice of the writ. (As amended by S. the plaintiff may enter final judgment for any sum not exceeding the sum endorsed on the writ together with interest at the rate specified. or the damages only. be entitled to any further time for any purpose. A party so served may appear at any time before the summons hearing of the summons. and another or others of them fail to appear. or all the defendants. as the case may be. The parties served with an orginating summons shall. the plaintiff may enter interlocutory judgment. 12 . (1) Where the writ of summons is endorsed for a liquidated demand. against such as have not appeared and may issue execution upon the judgment without prejudice to his right to proceed with the action against those that have appeared. and give originating notice thereof. upon an affidavit or certificate. of due service being filed. enter appearances. as the case may be. First Schedule. fail to appear. unless the Court or a Judge shall otherwise order. save as Appearance to otherwise provided. of whom one or more appear to the writ.an order to enter or entering a conditional appearance. in respect of the causes of action disclosed by the endorsement on writ of summons: Liquidated demand. ORDER XII DEFAULT OF APPEARANCE 1. 71 of 1997) (3) Where the writ of summons is endorsed with a claim of pecuniary damages only. if any. and a writ of inquiry shall issue to assess the value of the goods and the damages.

(7) Where the plaintiff has endorsed a claim for mesne profits. and proceed as mentioned in such of the preceding sub-rules as may be applicable. the plaintiff may sign interlocutory judgment against the defendant or defendants so failing to appear. unless the Court or a Judge shall otherwise direct: Provided that the Court or a Judge may order that.Provided that the Court or a Judge may order particulars to be filed before any assessment of damages. and is further endorsed for a liquidated demand. Damages. 71 of 1997) (4) Where the writ is endorsed as in the last preceding sub-rule mentioned. instead of a writ of inquiry or trial. the value and amount of damages. Several defendants (6) In case no appearance shall be entered in an action for the recovery Recovery of of land within the time limited by the writ for appearance. as the case may be. may be assessed. or of the part thereof to which the defence does not apply. and may order that. as against the defendant or defendants suffering judgment by default. whether specially or otherwise. the value and amount of damages. and the value of the goods and the damages. of whom one or more appear to the writ and another or others of them fail to appear.I. as the case may be. the plaintiff shall be at liberty to enter a judgment that the person whose title is asserted in the writ shall recover possession of the land. or either of them. detention of goods and liquidated demand Damages or detention of goods. or if an land appearance be entered but the defence be limited to part only. No. or either of them. shall be ascertained in any way which the Court or Judge may direct. the plaintiff may enter final judgment for the debt or liquidated demand. interest and costs against the defendant or defendants failing to appear. shall be ascertain in any way which the Court or a Judge may direct. at the same time as the trial of the action or issue therein against the other defendant or defendants. instead of a writ of inquiry. or either or them. arrears Mense profits . and interlocutory judgment for the value of the goods and the damages. (As amended by S. and there are several defendants. or for detention of goods with or without a claim for pecuniary damages. and any defendant fails to appear to the writ. (5) Where the writ is endorsed with a claim for pecuniary damages only. or the damages only.

of rent.I. upon the filing by the plaintiff of a proper affidavit or certificate of service. (As amended by No. 14 ORDER XIII LEAVE TO SIGN JUDGMENT AND DEFEND WHERE WRIT SPECIALLY ENDORSED 1. 218 of 1944. apply to the Summary judgment on specially endorsed writ O. No. and stating that in his belief there is no defence to the action. default Default of appearance in actions not otherwise specifically provided for Default of appearance to proceedings under O. in case the party served with the writ of summons does not appear within the time limited for appearance. and may proceed as in the other proceding sub-rules mentioned as to such other claim so endorsed. r. double value. rule 14. Where judgment is entered pursuant to the provisions of this Order. or damages for breach of contract or wrong or O. rule 14. verifying the cause of action and the amount claimed (if any). upon a writ for the recovery of land. on affidavit made by himself. Setting aside it shall be lawful for the Court or a Judge to set aside or vary such judgment by judgment upon such terms as may be just. 30. and may require notice of such evidence to be given to the defendant and to such other person (if any) as the Court or a Judge may think proper. 14 . 71 of 1997) (9) In any action in which the plaintiff is claiming any relief of the nature or kind specified in Order XXX. No. 13 injury to the premises claimed. 71 of 1997) 2. or by any other person who can swear positively to the facts. (8) In all actions not otherwise specifically provided for by the other sub-rules. 106 of 1959 and S. no judgment shall be entered in default of appearance without the leave of the Court or a Judge who may require the application for leave to be supported by such evidence as might be required if relief were being sought on originating summons under Order XXX. the action may proceed as if such party had appeared. (As amended by S. No. he may enter judgment as in the last preceding sub-rule mentioned for the land. the plaintiff may.I. 12. Where the defendant appears to a writ of summons specially endorsed under rule 9 of Order VI.

accompanied by a copy of the affidavit and exhibits referred to therein. and costs. 218 of 1944) 2. the costs are to be costs in the cause. Form 22 Court may treat 3. in the opinion of the Registrar. 14 Four day summons for leave to sign judgment. in any of such cases the application may be dismissed with costs to be paid forthwith by the plaintiff. in case no trial afterwards takes place. by his own viva voce evidence or otherwise shall satisfy him that he has a good defence to the action on the merits. The application by the plaintiff for leave to enter final judgment under rule 1 shall be made by summons returnable not less than four clear days after service. (As amended by No. make an order empowering the plaintiff to enter judgment accordingly. 4. or disclose such facts as may be deemed sufficient to entitle him to defend. (2) If the plaintiff makes an application under rule 1 where the case is not within the rule. if any. O. FirstSchedule. and may order the action to be forthwith set down for trial. who shall 1 order by and to whom and when the same shall be paid. Costs of application when same dismissed ORDER XIV . is given to defend. (1) The costs of and incident to all applications under rule 1 shall be Costs under rule dealt with by the Registrar on the hearing of the application. or where the plaintiff. together with interest. the Court or a Judge shall have power to give all such directions summons for as to the further conduct of the action as might be given on a summons directions for directions under Order XIX. or for recovery of the land (with or without rent or mesne profits) or for the delivering up of a specific chattel. The Court or a Judge may thereupon. unless the defendant by affidavit. as the case may be. 13. whether conditional or unconditional. Where leave. or may refer them to the Judge at the trial: Provided that.Court or a Judge for liberty to enter final judgment for the amount so endorsed. or no order as to costs is made. knew that the defendant relied on a contention which would entitle him to unconditional leave to defend.

or any defendant is sued. it is not necessary for him to bring before the Court as parties to a suit concerning that demand all the O. 14 persons liable thereto. and he may proceed against any one or more of the persons severally or jointly and severally liable. whether he shall have appeared or not. all those other persons ought ordinarily to be made suit parties to the suit. The Court or a Judge may of others order any of the persons represented to be made parties either in lieu of. Where more persons than one have the same interest in one suit. and direct that such persons shall be made either plaintiffs or defendants in the suit. indemnity or other remedy or relief over against any other person. have not been made parties. 3. shall be bound by all proceedings in the cause: . (1) If it shall appear to the Court or a Judge. Where a defendant claims contribution. may be authorised to sue or defend for others 4. as the case may be. the person so served. the subject-matter of the suit. he may apply to have such person made a party to the suit. or claim some share or interest in. to be fixed by the Court or a Judge. 2. one Where joint interest. or who may be likely to be affected by the result. it shall be expressed on the writ. which shall be served in the manner provided by the rules for the service of a writ of summons. If any plaintiff sues. 5. Where a person has jointly with other persons an alleged ground for Joint ground of instituting a suit. the Court or a Judge may adjourn the hearing of the suit to a future day. the Court shall issue a notice to such persons. on proof of the due service of such notice.PARTIES 1. Where a person has a joint and several demand against two or more Joint and several demand persons. at or before the hearing Non-joinder of a suit. that all the persons who may be entitled to. parties or more of such persons may be authorised to sue or to defend in such suit for the benefit of or on behalf of all parties so interested. and. or in such other manner as the Court or a Judge thinks fit to direct. in any representative Suit on behalf capacity. or in addition to. the previously existing parties. either as principals or sureties. In such case.

Any persons claiming or being liable as co-partners may sue or be Proceedings by sued in the name of their respective firms (if any). 218 of 1944) 6. in such case. whether as plaintiffs or as defendants. the Court or a Judge may. the writ may. and on such terms as appear to the Court or a Judge to be just. or by and against the same parties but not actions in the same rights. In case a writ states two or more distinct causes of action by and against the same parties. and make such order as to adjournment and costs as justice requires. but not by Misjoinder of and against the same parties. 8. 14. 15. Claims by the Government Misjoinder 7. and such leave may be given upon such terms (if any) as the Court or a Judge shall think fit. at any time before judgment in the suit. order that the trials be had separately. at any stage of the proceedings. Distinct causes of action in one writ O. 16 9. and any party to an or against action may. may. In case a writ states two or more distinct causes of action. improperly joined. and failing to appear within the time limited by the notice for his appearance.Provided that a person so served. (3) No suit shall be defeated by reason of non-joinder or misjoinder of parties. (As amended by No. to be furnished in such manner and verified on oath or otherwise as the Court or a Judge may direct. either before or at the hearing. and in the same rights. on the application of any defendant. apply to the Court or a Judge for a statement of partners the names of the persons who are co-partners in any such firm. Claims by the Government against any person may be brought by the Attorney-General or by any officer authorised by law to prosecute such claim on behalf of the Government. (2) The Court or a Judge may. The Court or a Judge upon the application of any party may give directions for service upon a new party of copies of any writ of summons or other document or process and also may give such other directions in relation to the adding of such new party as justice and the circumstances of the case may require. order that the name or names of any party or parties. be . apply to the Court or a Judge for leave to appear. as the case may be. if it appears inexpedient to try the different causes of action together. be struck out.

Where. No. Particulars of claim shall not be amended except by leave of the Court or a Judge. (As amended by S. or enabling or compelling proper parties to carry on the proceedings: Provided that any person served with such an order may within such Where change of interest. No. after the institution of a suit. at the hearing. The Court or a Judge may. any person interested may obtain from the Court or a Judge any order requisite for curing the defect. (As amended by S. as justice may require.I.I. No. order Further further or better particulars. on such terms as to notice. The plaintiff shall not. 71 of 1997) Amendment of 3. except for subsequent interest exceed claim and the costs of suit. obtain a judgment for any sum Judgment not to exceeding that stated in the particulars. or the suit in any other way becomes defective or incapable of being carried on. Court may make order enabling suit to proceed . 71 of 1997) 2. adjournment or costs as justice requires. 71 of 1997) ORDER XVI ALTERATION OF PARTIES 1. notwithstanding that the sum claimed in the writ for debt or damages exceeds the sum stated in the particulars. on its appearing that the defendant will not be prejudiced by the amendment: Provided that the Court or a Judge may refuse leave or grant it.amended or dismissed by the Court or a Judge. or any party to the suit dies or becomes incapable of carrying on the suit. particulars (As amended by S. any change or transmission of interest or liability occurs in relation to any party to the suit. but the Court or a Judge may. on any application for claim leave to amend. grant leave. on the application of the defendant. ORDER XV PARTICULARS OF CLAIM 1.I.

4. the Death of sole or surviving Court or a Judge may. If there be two or more plaintiffs or defendants. enter the name of such representative in the place of such plaintiff plaintiff in the suit. after notice to appear. the suit shall proceed at the instance of the surviving plaintiff or plaintiffs. the Court or a Judge may. In case of the death of a sole plaintiff. The death of a plaintiff or defendant shall not cause the suit to abate. and one of them die. if no such application shall be made to the Court or a Judge within what it or he may consider a reasonable time by any person claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff. 16 if the cause of action survive. and against the surviving defendant or defendants. If no application shall be made to the Court or a Judge by any person claiming to be the legal representative of the deceased plaintiff. to be recovered from the estate . but shall survive to them and the legal representative of the deceased plaintiff jointly. and if the cause of action shall not survive to the surviving plaintiff or plaintiffs alone. and the legal representative of the deceased plaintiff shall. in the same manner as if the suit had proceeded at his instance conjointly with the surviving plaintiff or plaintiffs. the suit shall proceed at the instance of the surviving plaintiff or plaintiffs. if cause of action survives 3. O. Cause of action surviving to surviving plaintiff or plaintiffs Cause of action surviving to surviving plaintiff and legal representative of deceased plaintiff 5. be interested in. enter the name of such representative in the suit in the place of such deceased plaintiff. and the suit shall thereupon proceed. or against the surviving defendant or defendants alone. and one of them die. If there be two or more plaintiffs.time as the Court or a Judge in the order directs apply to the Court or a Judge to discharge or vary the order. on the application of the legal representative of the deceased plaintiff. Death of party not to abate suit. unless the Court or a Judge shall see cause to direct otherwise. and such legal representative of the deceased plaintiff. it shall be competent to the Court or a Judge to make an order that the suit shall abate. or sole surviving plaintiff. and if the cause of action survive to the surviving plaintiff or plaintiffs alone. and to award to the defendant the reasonable costs which he may have incurred in defending the suit. and shall be bound by the judgment given in the suit. 2. on the application of the legal representative of such plaintiff. and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs.

on the application of the defendant. it shall be competent to the Court or a Judge either to legal stay the suit until the fact has been duly determined in another suit. before the hearing of the suit. 16. the plaintiff may make an application to the Court or a Judge specifying the name. in any suit which the assignee or Bankruptcy of trustee might maintain for the benefit of the creditors. and the Court or a Judge shall thereupon enter the name of such representative in the suit in the place of such defendant. and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant and had been a party to the former proceedings in the suit. 17 Death of one of several defendants or of a sole surviving defendant 8.of the deceased sole plaintiff or surviving plaintiff. O. 7. who shall be admitted to be such legal representative for the purpose of prosecuting the suit. and whom he desires to be made the defendant in his stead. description and place of abode of any person whom the plaintiff alleges to be the legal representative of such defendant. as may appear just and proper in the circumstances of the case. if the assignee or trustee neglect or refuse to continue the suit and to give such security within the time limited by the order. shall not be a plaintiff valid objection to the continuance of such suit. within such reasonable time as the Court or a Judge may order. within eight days after such neglect or refusal. and also in case of the death of a sole defendant or sole surviving defendant. the defendant may. where the action survives. If there be two or more defendant. The bankruptcy of the plaintiff. and for proceeding with the suit in order to reach a final determination of the matters in dispute. and shall issue an order to him to appear on a day to be therein mentioned to defend the suit. unless the assignee or trustee shall decline to continue the suit and to give security for the costs thereof. ORDER XVII DISCONTINUANCE OF SUITS . 6. make such order for bringing in the legal representative of the deceased sole plaintiff or surviving plaintiff. plead the bankruptcy of the plaintiff as a reason for abating the suit. and one of them die. if it or he thinks proper. and upon such terms as to costs as may seem fit. or to representative decide. and the cause of action shall not survive against the surviving defendant or defendants alone. If any dispute arise as to who is the legal representative of a Dispute as to deceased plaintiff. or the Court or a Judge may.

Every such order shall be made upon such terms as to costs or otherwise as shall seem just. be allowed on such terms as to costs and as to any subsequent suit and otherwise as to the Court or a Judge may seem just. order any Under what proceedings to be amended. before the date fixed for the hearing. 19 Stay of subsequent suit ORDER XVIII AMENDMENT 1. ORDER XIX ORDER OF DIRECTIONS . and for the purpose of determining. O. If. If any subsequent suit shall be brought before payment of the costs of a discontinued suit. with respect to the matter so discontinued or withdrawn. or to withdraw of suit any part of his alleged claim. or if a defendant desires to discontinue or withdraw his counter-claim or any part thereof. than those incurred up to the receipt of such notice. in any other case. the plaintiff desires to discontinue any suit or to withdraw any part of his alleged claim. and such defendant may apply ex parte for an order against the plaintiff for the costs incurred before the receipt of such notice and of attending the Court or a Judge to obtain the order. the plaintiff desires to Discontinuance discontinue any suit against all or any of the defendants. in the discretion of the Court or a Judge. for the same or substantially the same cause of action. 18. After the receipt of such notice. such defendant shall not be entitled to any further costs. in the existing suit. unless the Court or a Judge shall otherwise order. The Court or a Judge may. and all such amendments as may be necessary or proper for the purpose of eliminating all statements which may tend to prejudice. he shall give notice in writing of discontinuance or withdrawal to the Registrar and to every defendant as to whom he desires to discontinue or withdraw. the Court or a Judge may order a stay of such subsequent suit until such costs shall have been paid. If. shall be so made. 2. such discontinuance or withdrawal may. the real question or questions in controversy between the parties. whether the defect or error be that of the circumstances party applying to amend or not. 17. embarrass or delay the fair trial of the suit. Such discontinuance or withdrawal shall not be a defence to any subsequent suit. at any stage of the proceedings.1.

as the case may be. The Court or trial Judge shall. may be set aside by the Court or a Judge. not later than fourteen days after appearance and defence have been filed. 21 Default of plaintiff in delivering defence to counter claim 2. whether under this Order of under any of Setting aside these Rules. inspection of documents. admissions. No. No.I. if any. for sufficient reason. 71 of 1997) ORDER XX DEFAULT OF PLEADING 1. discovery of documents. In probate actions. the action may proceed to trial. If the plaintiff fails to deliver a defence to the counter claim within the time allowed for that purpose by the order for directions. at the expiration of such time.I. 2. and place and mode of trial: Order of directions Provided that the period for doing any of these acts shall not exceed 14 days. Notwithstanding rule 1. the Court may. 71 of 1997) O. enter final judgment or interlocutory judgment. (As amended by No.1. extend Liberty to apply the period within which to do any of the acts specified in rule 1. 71 of 1997) 3. give directions with respect to the following matters: (a) (b) (c) (d) (e) (f) reply and defence to counter claim. interrogatories. (As amended by S. if any defendant defaults in filing a memorandum Probate action of appearance and defence. the defendant may. default (As amended by S. notwithstanding the default (As amended by S. No. Any judgment by default.I. 71 of 1997) . 20. upon such terms judgment by as to costs or otherwise as the Court or Judge may think fit.

4. If the plaintiff and defendant shall agree as to the terms and Judgment by conditions on which judgment shall be entered. and unless it or he sees good reason to the contrary. on being satisfied as to the genuineness of the signature of the defendants person before whom such statement was signed. the Court or a Judge. in case the plaintiff shall not consent to judgment for the part admitted.I. In proceedings against the Government. by his own statement or Notice of otherwise. unless the Court or a Judge is of opinion that the refusal or neglect to admit was reasonable. In case of refusal or neglect to admit after notice. shall. 21. Any party may call upon any other party to admit. shall receive such statement in evidence as an . consent unless it or he sees good reason to the contrary. defence or other statement of any other party. (As amended by S. enter judgment for the plaintiff for the whole amount or the part admitted. No. in case the whole amount is admitted. saving just exceptions. and. 2. or in case the plaintiff consents to a judgment for the part admitted. the Court or a Admission by Judge. any document or fact. statement of claim. If any defendant shall sign a statement admitting the amount claimed in the summons or any part of such amount. that he admits the truth of the whole or any part of the case admissions stated or referred to in the writ of summons. 22. no judgment for the Proceedings plaintiff shall be entered in default of pleading without the leave of the against the Court or a Judge. the costs of proof of the document or fact shall be paid by the party refusing or neglecting to admit. and any application for the leave shall be made by Government notice of motion or summons served not less than seven days before the return day. 23 5. Any party to a suit may give notice. 71 of 1997) ORDER XXI ADMISSIONS 1. O. Notice to admit Costs on refusal to make reasonable admissions 4. as the case may be. 3. shall enter judgment on such terms and conditions. whatever be the result of the suit.

I. or any question of account arising therein. on motion or summons. In any civil cause or matter in which all parties interested who are under no disability consent thereto. on such terms as it or he may think proper. (As amended by S.I. The parties shall. 6. and also. 71 of 1997) 2. on setting down the action for trial. if it shall appear to the Court necessary for the purpose of determining the real question or controversy between the parties. the Court may amend the issues or frame additional issues.admission without further proof. At any time before the decision of the case.I. conveniently be made by the Court in the usual manner. (As amended by S. A party may apply. in any civil cause or matter requiring any prolonged examination of documents or accounts or any scientific or local examination which cannot. in the opinion of the Court or a Judge. 71 of 1997) ORDER XXII SETTLEMENT OF ISSUES 1. on such terms as it shall seem fit. Questions of fact or of account may be investigated by referee . settle the issues in writing by stating the questions in controversy between them and stating the questions of law on admitted facts and questions of disputed fact. to be investigated or tried before a referee. No. or questions partly of law and partly of fact except that this rule shall not apply where the parties appear in person. order any question or issue of fact. No. No. 71 of 1997) Amendment of framing of additional issues Settlement of issues ORDER XXIII INQUIRIES AND ACCOUNTS 1. for cancelled judgment Application on on admissions where admissions of facts or part of a case are made by a admissions party to the cause or matter either by his pleadings or otherwise. without such consent. to be agreed on between the parties or appointed by the Court or a Judge. at any time. the Court or a Judge may. (As amended by S.

as to which it may be proper that the cause or matter should proceed in the ordinary manner. Referee's authority in the inquiry Limitation in certain particulars . in respect of matters before a referee. the referee shall have the same authority in the conduct of any inquiry as a Judge when presiding at any trial. and shall direct the parties. direct any necessary inquiries or accounts described in rule 1 to be made or taken. 5. at any stage of the proceedings. Subject to any order to be made by the Court or a Judge ordering the Evidence inquiry. Where an order has been made under rule 1. subject to the order of the Court or a Judge. or also to report his own opinion on the point referred for his investigation. and the attendance of witnesses may be enforced by subpoena. evidence shall be taken at any inquiry before a referee. so far as practicable. to attend upon the referee during the inquiry. The Court or a Judge may. but the Court may. and have any inspection or view which he may deem expedient for the disposal of the controversy before him. notwithstanding that it may appear that there is some special or further relief sought for or some special issue to be tried. O. and every such inquiry shall be conducted in the same manner. 6. if necessary. The instructions shall specify whether the referee is merely to transmit the proceedings which he may hold on the inquiry.2. Nothing in these Rules contained shall authorise any referee to commit any person to prison or to enforce any order by attachment or otherwise. the Court or a Judge shall furnish the referee with such part of the proceedings and such information and detailed instructions as may appear necessary for his guidance. The referee may. 23 Instructions to referee Interim inquiries or accounts 4. proceed with the inquiry de die in diem. as trials before a Judge. hold General powers of referee the inquiry at or adjourn it to any place which he may deem most convenient. but not so as to make the tribunal of the referee a public court of justice. make any order of attachment or commitment it may consider necessary. He shall. Subject to any order as mentioned in the last preceding rule. 7. 3. as nearly as circumstances will admit.

permit any other person who shall satisfy the Court or a Judge that he has authority in that behalf to appear for such plaintiff or defendant. or facts specially 9. in case it Court may shall appear. or any part thereof. 23. as often as may be necessary. in its or his discretion. that any plaintiff permit party to or defendant who may not be represented by counsel or advocate is appear by proxy prevented by some good or sufficient cause from attending the Court in person. or state any facts specially. and the Court shall have power to draw such inferences from the proceedings or report as shall be just.8. unless the Court may have reason to be by referee dissatisfied with them. 25 further inquiry or consideration to the same or any other referee. submit any question arising therein for report questions the decision of the Court. or Referee may by his report under the reference. for O. and knowing himself not to be so authorised. ORDER XXIV APPEARANCE OF PARTIES 1. The referee may. 10. The proceedings and report in writing of the referee shall be Effect of report received in evidence in the case. before the conclusion of any inquiry before him. to the satisfaction of the Court or a Judge. and to remit the cause or matter. 2. the Court or a Judge may. Any person doing any act or taking any proceeding in the name or on behalf of another person. The Court shall have power to require any explanations or reasons Powers of Court from the referee. 218 of . shall be guilty of a contempt of court. and shall pass such ultimate judgment or order as may appear to be right and proper in the circumstances of the case. Proceeding without authority ORDER XXV ARREST OF DEFENDANT UNDER SECTION 10 OF DEBTORS ACT (No. In every civil cause or matter pending before the Court. not being lawfully authorised thereunto. 24.

7. a receipt shall be given. The security to be given by the defendant may be a deposit in Court Security by defendant of the amount mentioned in the order. and all proceedings thereon. Court 6. The money deposited. It shall be the duty of the plaintiff to obtain an appointment for that purpose. 25. give notice that he objects thereto. 26 Judge either one surety or more than two). or a bond to the plaintiff by the defendant and two sufficient sureties (or with the leave of the Court or a O. a certificate to that effect shall be given. Cap. within four days after receiving particulars of the names and addresses of the proposed sureties. Upon payment into Court of the amount mentioned in the order. or. An order to arrest under section ten of the Debtors Act shall be made upon affidavit and ex parte. but the defendant may at any time apply to the Court or a Judge to rescind or vary the order or to be discharged from custody. It shall be lawful for the Court or a Judge before making the order to Costs of arrest arrest. signed or attested by the plaintiff's advocate if he have one. 77 2. the costs of and incidental to an order of arrest shall be costs in the cause. An order to arrest shall before delivery to the Sheriff be endorsed with the plaintiff's address for service as required by Order VII. the security shall be deemed sufficient.1944) 1. with the plaintiff's consent any other form of security. and unless he do so within four days after giving notice of objection. Unless otherwise ordered. or by the plaintiff. Form of application and order to arrest. and upon receiving the bond or other security. In such case the sufficiency of the security shall be determined by the Registrar who shall have power to award costs to either party. stating in the notice the particulars of his objections. 5. 3. or for such other relief as may be just. if he sue in person. The delivery of such receipt or a certificate to the Sheriff or other officer Costs Completion of security and discharge from custody . Endorsement on order to arrest 4. The plaintiff may. Control of the shall be subject to the order and control of the Court or a Judge. and the security. to require the plaintiff to deposit in Court such sum as the Court or a Judge may think sufficient for the costs of arresting the defendant and of conveying him to prison.

or in the case of serious illness. is about to dispose of his property. No. The application shall contain a specification of the property required Application for to be attached and the estimated value thereof. 9. unless the Court or a Judge shall see fit. endorse on the order the true date of such arrest.I. During the period of such person's stay in hospital. and.executing the order. shall be attached until the further order of the Court or a Judge. (As amended by S. The expenses incurred for the subsistence in prison of the person so Cost of arrested shall be paid by the plaintiff in the action in advance. the plaintiff may apply to the Court or a Judge. or any part thereof. order his removal to hospital. The Sheriff or other officer named in an order to arrest shall. The Court or a Judge may release the person so imprisoned on failure by the plaintiff to pay the subsistence money. or to remove any such property from the jurisdiction. so far as the plaintiff can attachment . No. with intent to obstruct or delay the execution of any O. The Court subsistence of or a Judge shall fix whatever allowance it or he shall think sufficient for person arrested such subsistence or per diem. belonging to the defendant. shall entitle the defendant to be discharged out of custody. the subsistence allowance shall be paid by the plaintiff. movable or immovable. 26 decree that may be passed against him. either at the time of the institution of the suit. 71 of 1997) 8. on his failing to give such security. to call upon the defendant to furnish sufficient security to fulfil any decree that may be made against him in the suit. within Date of arrest two days after the arrest. (As amended by S. The amount so disbursed may be recovered by the plaintiff in the suit. to order otherwise. ORDER XXVI INTERIM ATTACHMENT OF PROPERTY 1. in any suit for an amount or value of fifty thousand In what cases kwacha or upwards.I. to direct that any property. in any case. or at any time thereafter until final judgment. 71 of 1997) 2. unless the Court or a Judge shall otherwise order. If the defendant.

after making such investigation as it or he Form of order may consider necessary. the said property. in the order. such claim shall be investigated in the affected manner prescribed for the investigation of claims to property attached in execution of a decree. the Court or a Judge may direct that the property specified in the application. ORDER XXVII INJUNCTIONS. 4. If the Court or a Judge. direct the attachment. at the time of making the application. 6. within a time to be fixed by the Court or a Judge. in the event of any claim being preferred to the property parties not to be attached before judgment. or such portion thereof as may be sufficient to fulfil the decree. or such portion thereof as shall be sufficient to fulfil the decree. 27 . or to appear and show cause why he should not furnish security. it shall be lawful for the Court or a Judge to order the defendant. to the best of his information and belief. or furnish the required security. O. at any time. either to furnish security. The Court or a Judge may also. In all cases of attachment before judgment. and the property specified in the application. or the value of the same. with intent to obstruct or delay the execution of the decree. declare that. Where defendant fails to show cause or give security. The attachment shall not affect the rights of persons not parties to Rights of third the suit. 3. until further order. If the defendant show such cause. or to furnish the required security within the time fixed by the Court or a Judge.reasonably ascertain the same. the defendant is about to dispose of or remove his property with such intent as aforesaid. to produce and place at the disposal of the Court. when required. First Schedule. of the whole or any portion of the property specified in the application. Form 29 5. shall be satisfied that the defendant is about to dispose of or remove his property. If the defendant fail to show such cause. in such sum as may be specified in the order. ETC. and. the Court or a Judge shall order the attachment to be withdrawn. shall have been attached. remove the same on the defendant furnishing security attachment as hereinbefore required together with security for the costs of the attachment. shall be attached until further order. if not already attached. and the plaintiff shall. the Court or a Judge Removal of shall. or any portion of it.

preservation or inspection of any property being the subject of such suit. commanding him to refrain from doing the particular act complained of. or which. To stay waste. which may be of a perishable nature. to the satisfaction of the Court or a Judge. that any property which is in dispute in the suit is in danger of being wasted. or any observations to be made or experiments to be tried. and to grant to such receiver or manager all such powers for the management or the preservation and improvement of the property. and the application and disposal of such rents and profits. or likely to depreciate from keeping. upon the application of any party to a suit. in all cases in which it may appear to the Court or a Judge to be necessary for the preservation or the better management or custody of any property which is in dispute in a suit. damaging or alienating the property. it shall be lawful for the Court or a Judge to issue an injunction to such party. to make any order for the detention. the right to which is in dispute in the suit. damage or alienation Appointment of receiver 2. Detention and inspection of property in dispute 4.1. and the collection of the rents and profits thereof. and to commit the same to the custody of such receiver or manager. to make any order for the sale by any person named in such order. and whether the same be accompanied restrain by any claim for damages or not. as to the Court or a Judge may seem proper. at breaches of . wares or merchandise. to remove the person in whose possession or custody the property may be from the possession or custody thereof. damaged or alienated by any party to the suit. for the purpose of staying and preventing him from wasting. and. of any goods. it shall be lawful for the plaintiff. to authorise any samples to be taken. and upon such terms as may seem just. for all or any of the purposes aforesaid. on the application of any Orders for sale of perishable party to a suit. if need be. it may be desirable to have sold at once. for any other just and sufficient reason. and. In any suit for restraining the defendant from the committal of any Orders to breach of contract or other injury. or to give such order. and. for all or any of the purposes aforesaid. as to the Court or a Judge may seem meet. 3. to authorise any person or persons to enter upon or into any land or building in the possession of any party to such suit. In any suit in which it shall be shown. and in such manner and on such terms as to the Court or a goods Judge may seem desirable. and. It shall be lawful for the Court or a Judge. it shall be lawful for the Court or a Judge to appoint a receiver or manager of such property. It shall be lawful for the Court or a Judge. which may seem necessary or expedient for the purpose of obtaining full information or evidence.

in every case. (2) The provisions of sub-rule (1) shall apply to a man and woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage and any reference to a marital home shall be construed accordingly. giving security or otherwise. No. keeping an account. (As amended by S. (1) Without prejudice to the provisions of any other rule. order an assessment of damages arising out of dischaged injunction found to have been unjustified. and such injunction may be granted by the Court or a Judge on such terms as to the duration of the injunction. The Court or a Judge may. the Court Injunctions on an application by a party to a marriage shall have jurisdiction to grant an injunction containing one or more of the following provisions. on application made thereto by any party dissatisfied with such order. or (b) a provision restraining the other party from molesting a child living with the applicant whether or not any other relief is sought in the proceedings. varied or set aside by the Court or a Judge.I. 27. A Judge may. 71 of 1997) 7. namely(a) a provision restraining the other party to a marriage from molesting the applicant. to apply to the Court or a Judge for an injunction to O. before granting an application injunction or order as aforesaid. and that the damages shall be assessed by the Registrar. as it or he shall see fit. or the committal of any breach of contract or injury of a like kind arising out of the same contract. Notice of 5. direct such reasonable notice of the application for the same to be given to the opposite party. 6.I.any time after the commencement of the suit. (As amended by S. or relating to the same property or right. No. and whether before or contract or tort after judgment. as to the Court or a Judge shall seem reasonable and just: Provided that any order for an injunction may be discharged. 28 restrain the defendant from the repetition or the continuance of the breach of contract or wrongful act complained of. on application or on his own motion pursuant to an undertaking as to damages. 71 of 1997) Order for assessment of damages .

and such O. But the Court or a Judge may. 3. SET-OFF 1. (1) In any action for a debt or damages the defendant may at any time Payment into after appearance upon notice to the plaintiff pay into Court a sum of Court money in satisfaction of the claim or (where several causes of action are joined in one action) in satisfaction of one or more of the causes of action: Provided that with a defence setting up tender before action the sum of money alleged to have been tendered must be brought into Court. or set up by way of Set-off counter-claim against the claim of the plaintiff. 218 of 1944) 1. whether such set-off or counter-claim sound in damages or not. Counter-claim. though not specifically asked. refuse permission to the defendant to avail himself thereto. or ought not to be allowed. Every suit implies an offer to do equity in the matter thereof. both on the original and on the cross-claim. 28. The plaintiff may obtain any such equitable relief as the facts stated Equitable relief and proved entitle him to. Equitable defence 2. . ORDER XXIX PAYMENT INTO AND OUT OF COURT AND TENDER (No. if. such set-off or counter-claim cannot be conveniently disposed of in the pending action.ORDER XXVIII EQUITABLE RELIEF. 29 set-off or counter-claim shall have the same effect as a statement of claim in a cross-action so as to enable the Court to pronounce a final judgment in the same action. COUNTER-CLAIM. in its or his opinion. and admits of any equitable defence. A defendant in an action may set off. any right or claim.

(5) This rule does not apply to Admiralty action or to an action or cause of action in which a defence of tender before action is pleaded. 29 claim. and thereupon proceedings in the action or in respect of the specified cause or causes of action. accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the sum or sums relate. The statement must be confined to clearing the character and reputation of the plaintiff and must not attack the defendant or any other person. where more than one payment into Court has been made. (3) If the plaintiff accepts money paid into Court in satisfaction of his O. (2) Payment shall be made to the plaintiff or on his written authority to his advocate. tax his costs incurred to the time of payment into Court.(2) Where the money is paid into Court in satisfaction of one or more of several causes of action the notice shall specify the cause or causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless the Court or a Judge otherwise order. (3) The notice shall state whether liability is admitted or denied and receipt of the notice shall be acknowledged in writing by the plaintiff within three days. (1) Where money is paid into Court under rule 1 the plaintiff may within twenty-one days of the receipt of the notice of payment into take money out of Court Court or. by giving notice to the defendant to that effect and thereupon he shall be entitled to receive payment of the accepted sum or sums in satisfaction aforesaid. as the case may be. and gives notice that he abandons the other cause or causes of action he may. shall be stayed. (4) A plaintiff in an action for libel or slander who takes money out of Court may apply by summons to a Judge in chambers for leave to make in open Court a statement in terms approved by a Judge. after four days from payment-out and unless the Court or a Judge otherwise order. and forty-eight hours after taxation may sign judgment for his taxed costs. within twenty-one days of the receipt of the notice of the last payment into Court. Plaintiff may 2. or if he accepts a sum or sums paid in respect of one or more specified causes of action. .

6. which may be made at any time before. but the Judge shall. (1) Money may be paid into Court under rule 1 by one or more of several defendants sued jointly or in the alternative. no statement of the fact that money has been paid into Court under the preceding rules of this Order shall be inserted in the pleadings and no communication of that fact shall at the trial of any action be made to the Judge or assessors until all questions of liability and amount of debt or damages have been decided. at or after trial.(As amended by S. (3) Thereupon all further proceedings in the action or in respect of the specified cause or causes of action. (1) In any cause or matter in which money or damages is or are claimed by or on behalf of an infant or a person of unsound mind suing Counterclaim Several defendants Non-disclosure at trial of payment into Court O. the Money money remaining in Court shall not be paid out except in satisfaction of remaining in the claim or specified cause or causes of action in respect of which it Court was paid in and in pursuance of an order of the Court or a Judge. with the necessary modifications. 29 Money . as the case may be.I. No. 71 of 1997) 3. of the United Kingdom. he shall give notice to that effect to each defendant. Except in an action to which a defence of tender before action is pleaded or in which a plea under the Libel Acts. 7. 1843 and 1845. as the case may be. upon notice to the other defendant or defendants. has been filed. (2) If the plaintiff elects within twenty-one days after receipt of notice of payment into Court to accept the sum or sums paid into Court. 5. and the money shall not be paid out except in pursuance of an order of the Court or a Judge dealing with the whole costs of the action or cause or causes of action. in exercising his discretion as to costs. A plaintiff or other person made defendant to a counterclaim may pay money into Court in accordance with the foregoing rules. 4. shall be stayed. If the whole of the money in Court is not taken out under rule 2. take into account both the fact that the money has been paid into Court and the amount of such payment.

compromise payment. no settlement or compromise or payment or acceptance of money paid into Court. (4) The direction referred to in sub-rule (3) may include any general or special directions that the Court or a Judge may think fit to give. recovered by infant or person of unsound mind or by widow under Fatal Accidents Acts (2) No money (which expression for the purposes of this rule includes damages) in any way recovered or adjudged or ordered or awarded or agreed to be paid in any such cause or matter in respect of the claims of any such infant or person of unsound mind. (3) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Court or a Judge shall direct and the said money or any part thereof may be so directed to be paid into Court and to be invested or otherwise dealt with there as may be ordered from time to time. (5) The provisions of this rule shall also apply to all actions in which damages are claimed or recovered by or on behalf of or adjudged or ordered or awarded or agreed to be paid to an infant or person of unsound mind under the Fatal Accidents Acts. whether by verdict or by settlement. as regards the claims of any such infant or person of unsound mind. be valid without the approval of the Court or a Judge. including (without prejudice to the generality of the above provision) directions as to how the money is to be applied or dealt with and as to any payment to be made either directly or out of the amount paid into Court to the plaintiff or to the next friend in respect of moneys paid or expenses incurred or for maintenance or otherwise for or on behalf of or for the benefit of the infant or person of unsound mind or otherwise or to the plaintiff's advocate in respect of taxed costs or of the certified difference between party and party and advocate and client costs. payment into Court or otherwise. 1846 to 1908. before or at or after the trial shall be paid to the plaintiff or to the next friend of the plaintiff or to the plaintiff's advocate unless the Court or a Judge shall so direct. Where such proceedings are taken by or for the benefit of more than one person and the amount recovered is to be divided amongst such persons. whether before or at or after the trial shall. of the United Kingdom.either alone or in conjunction with other parties. the Judge shall divide and apportion the share to be paid to each of the said persons and the amount so .

of all the plaintiffs in O. 71 of 1997) ORDER XXX APPLICATIONS AND PROCEEDINGS IN CHAMBERS AND IN (No. if such cause or matter is proceeding in a District Registry by the District Registrar.apportioned shall be specified in the order or judgment made or directed in the Court. transferred. 218 of 1944) . This rule shall apply to the case of a lunatic so found by inquisition. or. plaintiff's advocate and next friend being read as applying to a defendant setting up the counter-claim or his guardian ad litem. and the Registrar or District Registrar shall certify the respective amounts of the party and party and advocate and client costs. shall be sold. (6) Nothing in this rule shall prejudice the lien of a advocate for costs. pursuant to the order of the Court or a Judge. (7) The costs of the plaintiff. (8) This rule shall apply to the case of a counter-claim by an infant or a person of unsound mind. No. (As amended by S. 30 any such cause or matter or incident to the claims therein or consequent thereon shall be taxed by the Registrar.29. the expression plaintiff. if more than one. and the difference (if any) and the proportion of such difference (if any) payable respectively by any adult party to the cause or matter and by or out of the moneys of any party who is an infant or person of unsound mind. or paid out to the party entitled thereto. and the dividends or interest thereon. and no costs other than those so certified shall be payable to the advocate for any plaintiff in the cause or matter. the expression next friend or guardian ad litem being read if necessary as applying to the committee. as between party and party and as between advocate and client.I. or. (9) Money paid into Court or securities purchased under the provisions of this rule.

30 Proceeding ex parte where party fails to attend Reconsideration of ex parte proceeding. Costs Costs thrown . Where a proceeding in chambers fails by reason of the O. No. Where any of the parties to a summons fail to attend. No.I. Service of unless in any case it shall be otherwise ordered: summons Provided that in case of summonses for time only. he think it expedient so to do. such proceedings shall not in any manner be reconsidered in the Judge's chambers. 71 of 1997) 4. Where the Judge has proceeded ex parte. unless the Judge shall be satisfied that the party failing to attend was not guilty of wilful delay or negligence. and direct them to be paid by the party or his advocate before he shall be permitted to have such proceeding reconsidered. or at any time appointed for the consideration or further consideration of the matter. 6. but the Judge may require such evidence of service as he may think just. with Form of such variations as circumstances may require.COURT I-Applications in Chambers 1.I. (As amended by S. and shall be addressed to summons all the persons on whom it is to be served. the summons may be served on the day previous to the return day. No. the Judge may proceed ex parte. Every application in chambers shall be made by summons. or make such other order as to such costs as he may think just. 5. Every summons shall be served two clear days before return thereof. who may fix the same at the time.I. (As amended by S. whether upon the return of the summons. The summons shall be in Form 21 set out in the First Schedule. 71 of 1997) 2. and in such case the costs occasioned by his non-attendance shall be in the discretion of the Judge. considering the nature of the case. Application to be by summons (As amended by S. 71 of 1997) 3. no affidavit of non-attendance shall be required or allowed. if.

In every cause or matter where any party thereto makes any application at chambers. Such appeal shall be by notice in writing to attend before the Registrar without a fresh summons. order or direction of the Appeal from Registrar may appeal therefrom to a Judge at chambers. An appeal from the decision. and such application may. the Judge may order such an amount of costs (if any) non-attendance as he shall think reasonable to be paid to the party attending by the of party absent party or by his advocate personally. within seven days after the decision. he shall be at liberty to include in one and the same application all matters upon which he then desires the order or directions of the Court or Judge. the parties shall attend from time to time without further summons. order or direction Appeal from Assistant Registrar . or from Court into chambers. Such appeal Registrar shall be by notice in writing to attend before the Judge without a fresh O. and the Judge does not think it expedient to away by proceed ex parte. order or direction complained of. 9. there shall be at least one clear day between service of the notice of appeal and the day of hearing. Unless otherwise ordered. 7. be adjourned from chambers into Court. and upon the hearing of such application it shall be lawful for the Court or Judge to make any order and give any directions relative to or consequential on the matter of such application as may be just. (1) Any person affected by any decision. at such time or times as may be appointed for the consideration or further consideration of the matter. If any matter appears to the Registrar proper for the decision of a Judge. Reference by Registrar to Judge 10. order or direction of the Registrar shall be no stay of proceedings unless so ordered by a Judge or the Registrar.non-attendance of any party. within seven days after the decision. or such further time as may be allowed by a Judge or the Registrar. the Registrar may refer the same to a Judge and the Judge may either dispose of the matter or refer the same back to the Registrar with such directions as he may think fit. 30 summons. Where matters in respect of which summonses have been issued are not disposed of upon the return of the summons. if the Judge thinks fit. (2) Any person affected by any decision. order or direction of an Assistant Registrar may appeal therefrom to the Registrar. Further attend-ance where summonses not fully disposed of What matters to be included in the same summons Adjournment into Court or into chambers 8. either by way of summons or otherwise.

(c) An application by any person claiming any legal or equitable right. in addition to the matters which under any other rule disposed of in or by statute or by the law and practice for the time being observed in chambers England and applicable to Zambia may be disposed of in chambers: (a) Applications for time to plead. of the United Kingdom. or under the Land Transfer Act. (d) All proceedings in the Court under the Trustee Act. and generally all applications relating to the conduct of any cause or matter. will or other written instrument for the determination of any question of construction arising under the instrument and for a declaration of the rights of the person interested. (3) An appeal from the decision. 1893. 71 of 1997) 11. for discovery and production of documents. (f) (g) Applications connected with the management of property. No.I. (As amended by No.complained of. The business to be disposed of in chambers shall consist of the Business to be following matters. for leave to amend pleadings. 309 of 1960) (4) An appeal from the decision or order of the Registrar on assessment of damages shall lie to the Supreme Court. 30 . order or direction of the Registrar on Further appeal appeal from a decision. in a case where the determination of the question whether he is entitled to the right depends upon a question of construction of a statute. An appeal from the decision. Unless otherwise ordered there shall be at least one clear day between service of the notice of appeal and the day of hearing. Applications for or relating to the sale by auction or private O. order or direction of an Assistant Registrar shall from Registrar lie to a Judge in accordance with the provisions of sub-rule (1). order or direction of an Assistant Registrar shall be no stay of proceedings unless so ordered by the Registrar or Assistant Registrar. for the determination of such question of construction and for a declaration as to the right claimed. (e) Applications as to the guardianship and maintenance or advancement of infants. 1897. or such further times as may be allowed by the Registrar or Assistant Registrar. (b) An application by any person claiming to be interested under a deed. and (As amended by S.

that is to say. devisee. No. of any of the following questions or matters so far as the same arise in the course of the administration or performance of such estate or trust: (a) any question affecting the rights or interests of the person claiming to be creditor. The executors or administrators of a deceased person or any of them and the trustees under any deed or instrument or any of them. or heir-at-law. or cestui que trust. next of kin. next of kin. (c) the furnishing of any particular accounts by the executors or administrators or trustees. devisees.I. and for payment into Court and investment of the purchase money. devisee. and as to the manner in which the sale is to be conducted. or other transaction. documents and papers. (e) directing the executors or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees. and the vouching (when necessary) of such accounts. (g) the determination of any question arising in the administration of O. 30 Originating summons to deal with matters arising out of trusts . legatees. as may be specified in the summons and as the circumstances may require. (d) the payment into Court of any money in the hands of the executors or administrators or trustees. legatee. (b) the ascertainment of any class of creditors.contract of property. the determination. compromise. next of kin. (f) the approval of any sale. or others. (i) All matters which under any other rule or statute were formerly allowed to be commenced by originating summons. and any person claiming to be interested under the trust of any deed or instrument in the relief sought as creditor. legatee. purchase. (As amended by S. 71 of 1997) 12. or heir-at-law of a deceased person or as cestui que trust or as claiming by assignment or otherwise under any such creditor or other person as aforesaid may take out an originating summons for such relief of the nature or kind following. (h) All applications for the taxation and delivery of bills of cost and for the delivery by any Advocate of deeds. without an administration by the Court of the estate or trust. (j) Such other matters as a Judge may think fit to dispose of in chambers.

or any person having the right to foreclosure or redeem any mortgage. and as the circumstances of the case may require. or any person entitled to or having property subject to a legal or equitable charge. Any mortgagee or mortgagor. 14. Redemption. 13. Delivery of possession (whether before or after foreclosure) to the mortgagee or person entitled to the charge by the mortgagor or person having the property subject to the charge or by any other person in. and of trust (d) any act to be done or step to be taken which the Court could have ordered to be done or taken if any such administration order as aforesaid had previously been made. Foreclosure. Reconveyance. Where any application is authorised to be made to the Court or a Judge. Application by motion Originating summons for foreclosure . if made to a Judge in Court. that is to sayPayment of moneys secured by the mortgage or charge. Delivery of possession by the mortgagee. the administration of the trust. Any of the persons named in the last preceding rule may in like manner apply for and obtain an order for(a) (b) (c) the administration of the personal estate of the deceased. may take out as of course an originating summons. such application. the administration of the real estate of the deceased. Sale. returnable in the chambers of a Judge for such relief of the nature or kind following as may by the summons be specified. shall be made by motion. whether legal or equitable. whether legal or equitable.the estate or trust. II-Applications in Court 15. or alleged to be in possession of the property. Order for administration of estate of deceased.

and may summon any person to attend to produce documents. how taken . by leave of the Court or a Judge. The evidence of a witness. in like manner as at the hearing of a suit. 21. 23. Evidence in addition to or in lieu of affidavits Notice to parties Evidence. as nearly as may be. at the hearing of the motion. Unless the Court or a Judge give special leave to the contrary. cause any notice of motion to be served upon a defendant with the writ of summons. If. the Court or a Judge may either dismiss the motion.16. The plaintiff may. served with notice 18. if it or he thinks expedient. and to such persons (parties to the cause or matter or otherwise interested) as the Court or a Judge considers entitled. in each case according to the circumstances. O. or receive documents in evidence. 30. 31 Where all parties not served Service with writ of summons 20. as the case may be. the Court or a Judge may. examine any witness viva voce. motion 17. or to be examined or cross-examined. upon such terms as to the Court or a Judge may seem fit. There shall be served with the notice of motion a copy of any Copy of affidavit on which the party moving intends to rely at the hearing of such affidavit to be motion. the Court or a Judge shall be of opinion that any person to whom notice has not been given ought to have or to have had such notice. on examination. Such notice as the Court or a Judge. In addition to or in lieu of affidavits. 22. or to be present at their examination. or to examine the persons summoned. or adjourn the hearing thereof in order that such notice may be given. Oral evidence shall not be heard in support of any motion unless by Oral evidence leave of the Court or a Judge. as at the hearing of a suit. to inspect the documents to be produced. shall be taken in like manner. there Length of must be at least four clear days between the service of a notice of motion notice of and the day named on the notice for hearing the motion. considers reasonable shall be given to the persons summoned. 19.

71 of 1997) 2. different questions. Time within which provides for the mode of trial. set the action down for trial. 275 of 1959) 1. allow any affidavit to be used. within the period fixed under sub-rule (1). whether of fact or law. the Court or a Judge may order the action to be dismissed accordingly or may make such other order as the Court or a Judge may seem just. may be ordered to be tried at different places or by different modes of trial and one or more questions may be ordered to be tried before the others. the defendant may set the action down for trial or may apply to the Court of a Judge to dismiss the action for want of prosecution. (2) In any action described under sub-rule (1). (1) Except where an order for summary trial has been made. O. ORDER XXXI PLACE AND MODE OF TRIAL AND SETTING DOWN FOR TRIAL (No. (As amended by S.I.24. (3) The references in this Order to the summons for directions include references to any summons or application to which the provisions of Order XIX are applicable. down (2) Where the plaintiff does not. although filed with notice such affidavit has not been served on the opposite side with the notice of of motion motion. No. shall provide for a period within which to set which the plaintiff is to set down the action for trial. and on the hearing of any such application. with or without modifications. 31 . (1) Every order made in an action commenced by writ of summons. the Court or a Judge may. of trial but any order under this rule may be varied by a subsequent order of the Court or a Judge at any time at or before the trial. on such Affidavit not terms as it or he may deem fit. an order Place and mode for directions in every action shall determine the place and mode of trial. Upon the hearing of any motion.

(4) Where a new trial becomes necessary in the case of action commenced by a writ of summons. (1) In order to set down for trial an action commenced by writ of summons. the party setting it down shall deliver to the proper officer a request that the action may be set down for trial at the place specified in the order made on the summons for directions. (3) The original bundles referred to in sub-rule (1) (which shall serve as the record) shall bear the receipt number of the fees paid on setting down such action for trial. or. which may be a carbon copy. together with one copy of any requests or orders for particulars and one copy of any particulars given. (c) all inter-locutory orders. (d) (e) any interrogatories with the answers thereto. contain a complete index of the contents therof. addresses and telephone numbers of the advocates for the parties. have the pages thereof serially numbered. and Lodging documents when setting down for trail (f) any other documents likely to be required by the Judge and not otherwise referred to in this sub-rule. No. in the case of a party who has no advocate. and O. 71 of 1997) 3.I. (2) Each of the bundles referred to in sub-rule (1) shall(a) (b) (c) be bound up in book form in chronological order. together with two bundles (one for the use of the Judge and the other. (b) all the pleadings (including affidavits ordered to stand as pleadings). copies of settled issues under Order XXII. (As amended by S. 31 (d) have endorsed on a backsheet thereon the title of the action together with the names. of the party himself. to serve as the record) each consisting of one copy each of the following documents: (a) the writ.(3) Every order in an action described in sub-rule (1) which provides for the mode of trail shall contain an estimate of the length of the trial. the procedure for the setting down .

(5) In this rule. Deputy Registrar. No.the action for the new trial shall be that specified in sub-rule (1). upon being set down for trial. 71 of 1997) 6. No. records by mediator . There shall be kept by the mediation officer or proper officer a list of List of mediators who have been trained and certified by the court to act in this mediators capacity with the field or fields of bias or experience indicated against each of their names.I. addresses and telephone numbers of the advocates for the parties. or. the Registrar. and (b) there shall be delivered. The mediator shall sign for and collect from the mediation office or O. 71 of 1997) 5. the District Registrar or the Assistant Registrar in charge of civil actions. The mediators shall be of not less than seven years working experience in their respective fields. 31 proper officer the record referred to under sub-rule (3) of rule 3 of this Collection of Order. 71 of 1997) 4. (As amended by S. or the Assistant Registrar in charge of civil actions. along with the request that the action be set down. (2) and (3) except that(a) the bundle referred to in sub-rule (1) (which is to serve as the record) shall be bespoken from the person in whose custody it is and sent to the proper officer. in the case of a party who has no advocate. (b) in relation to an action to be set down at a District Registry for trial. (As amended by S. (As amended by S.I. every action may. of the party himself. The referral order shall be in form 28A in the First Schedule. "proper officer" means(a) in relation to an action to be set down at the Principal Registry for trial.I. Except for cases involving constitutional issues or the liberty of an Reference to individual or an injunction or where the trial Judge considers the case to mediation be unsuitable for referral. a backsheet with the title of action thereon. duly endorsed with the amount of the fee payable on setting down the action for the new trial. be referred by the trial Judge for mediation and where mediation fails the trial Judge shall summon the parties to fix a hearing date. and the names. No.

not more than sixty days from the date of collecting the record. partnership. (As amended by S.I. No. contact the parties and give them the date. No. (As amended by S. be destroyed at the end of the mediation process in the prescence of the parties. At the commencement of the mediation. (As amended by S. and shall not be used as evidence in any matter. (As amended by S. governmental agency. and shall require the parties to sign the form. the mediator shall read and explain to the parties the statement of understanding on the role of the mediator in form 28B in the First Schedule set out in the Appendix to these Rules.I. complete the mediation process.I. No. their advocates shall accompany them. If they are represented. (1) If the mediation fails. No. No. Return of records to mediation office or proper officer Record of mediation Statement of understanding on role of mediator Appearance before mediator Conductor of mediator (2) The mediation officer or proper officer shall. soon after collecting the record. 71 of 1997) 9. The mediator shall. stating that the mediation has failed. the mediator shall not more than ten days after the close of the mediation proceedings. The parties shall appear in person at the mediation. The mediator shall not communicate with any trial Judge about the mediation. or entity other than an individual. not more than seven days after receipt of the report referred to in sub-rule (1). submit the record to the trial Judge who shall. an officer or director of sufficient rank to settle the matter shall attend. If a party is a corporation. Statements made during mediation are confidential and privileged. 71 of 1997) 8.I.I. 71 of 1997) 7. where the mediation fails. time and venue of the mediation and shall. return the record to the mediation office or proper officer with a report in form 28C in the First Schedule to these Rules. not more than fourteen days after . 71 of 1997) 11.(As amended by S. 71 of 1997) 10. The mediator shall not be required to keep a record of the mediation proceedings and any document prepared by the mediator during the proceedings shall.

No. unless the context otherwise requires- (No. 32 (As amended by S. and shall have the same force and effect for all purposes as a judgement. a recording apparatus operator and a transcriber regularly employed by the Judicature. "official recording apparatus operator" and "official transcriber" mean a shorthand writer. (As amended by S. order or decision and be enforced in the like manner. the fee shall be referred to the trial judge for determination. as the case may be.receipt of the record from the mediation officer or proper officer summon the parties in terms of rule 5.I. There shall be paid to the mediator a mediation fee as agreed between the parties and the mediator which shall be paid by the parties in equal proportions at the time of lodging documents for trial: Provided that where the parties and the trial judge fail to agree on the fee. 71 of 1997) 14. .I. No appeal shall lie against a registered mediated settlement. 31. (As amended by S. In this Order. rule 1. A mediation settlement in form 28D in the First Schedule to these Rules shall be signed by the parties and the mediator and registered under Order XXXVII. (As amended by S. 71 of 1997) 12.I.I. No. "record of proceedings" means a record made in terms of rule 2 or 3. No. 71 of 1997) ORDER XXXII RECORDING OF PROCEEDINGS 1. 71 of 1997) 13. No appeal against settlement Mediator fee Registration of Mediation Settlement O. 76 of 1962) Interpretation "official shorthand writer". No.

"transcriber" means a person who(a) operates any apparatus for the audible reproduction of a record of proceedings made by recording apparatus. "Registrar" includes Deputy Registrar. (1) In every cause or matter a record of the oral evidence shall. No. *"shorthand" includes palantyping or any other system of visible recording of words. No. Pitman's shorthand and Gregg's shorthand authorised by G. except where such record is to be made in shorthand or by means of recording apparatus by a person other than the presiding Judge or Registrar or an official shorthand writer or official recording apparatus operator. Pitman's shorthand and Gregg's shorthand authorised by G. * Palantype. other than longhand writing. 77 of 1962. or by means of recording apparatus. 71 of 1997) O. (b) reads any shorthand record of proceedings and transcribes such record into a typewritten or other longhand copy of such record. (As amended by S. (2) No formal direction by the presiding Judge or Registrar as to the manner of making such record shall be required.N. authorised by the order of the Chief Justice for the recording of proceedings in accordance with this Order. electronic or other apparatus whereby speech may be recorded in a form capable of subsequent audible reproduction. at the Recording of discretion of the presiding Judge or Registrar. No. . Assistant Registrar and Deputy Assistant Registrar.N. electrical. 77 of 1962 "shorthand writer" includes an operator of palantype or other authorised apparatus whereby words may be recorded in shorthand. magnetic."recording apparatus" includes any mechanical. District Registrar. or *Palantype. be made in longhand by evidence the presiding Judge or Registrar or in shorthand by such Judge or Registrar or by an official or other shorthand writer.I. 32 2.

(7) (a) Unless the presiding Judge or Registrar shall otherwise direct. at the discretion of the presiding Judge or Registrar. 32 the same is applicable. of that part of the proceedings not so recorded. any part of the proceedings other than the Recording of oral evidence may. (4) Every such record made in longhand or in shorthand by a person other than the presiding Judge or Registrar shall be verbatim showing separately each question and the answer thereto. 3. (5) Every such record made in longhand or in shorthand by a person other than the presiding Judge or Registrar shall be certified by the writer or shorthand writer who made it to be a true record and such certificate shall be signed and dated by the person who shall make it. (b) Every record of evidence made by means of recording apparatus. together with any notes thereon. proceedings be recorded in the manner set out in the last preceding rule in so far as O. In every cause or matter.(3) Every such record made in longhand or shorthand shall be made in the English language: Provided that the presiding Judge or Registrar may direct that the whole or any part of the evidence shall be recorded as well in any other language employed by a witness. (1) No transcript shall be made of a record of proceedings made in Transcription of shorthand or by means of recording apparatus except by the direction of record of the presiding Judge or the Registrar: proceedings . made by a recording apparatus operator shall be filed in accordance with directions given by the Registrar. 4. (6) Every such record made by means of recording apparatus shall be labelled and made secure in the manner directed by the Registrar. by the recording apparatus operator who made it. or by the presiding Judge or Registrar making a note in longhand or shorthand. every record of evidence made in shorthand shall be placed in the docket containing the papers relating to the case of which it is a record.

63 of 1964 and S. The Registrar may.Provided that such direction shall not be required where application is made(i) by the Attorney-General for a copy of the record of any criminal proceedings.I. and he shall state his reasons for such application. shall pay the prescribed fee for making such transcript as well as the fee for the copy. No. (2) Any party to any criminal cause or matter at whose request a Supply of copies of transcript and fees therefor O. or the supply of a copy of any previously existing transcript of such evidence. subject to the directions of the presiding Judge. No. A transcript so certified shall. if the applicant was a party to the cause or matter. (1) Application may be made by any person to the Registrar for a transcript to be made of the record of the proceedings in any cause or matter and for a copy of such transcript. or (iii) by any party to a cause or matter for a copy of the record of the proceedings in such cause or matter. and shall constitute part of the records of the Court. authorise the making of a transcript of such proceedings and the supply to the applicant of a copy thereof. except where the applicant shall be exempted from the payment of such fees as hereinafter provided. (As amended by S. or where it is necessary for a transcript of the whole or any part of such record to be made for incorporation in a record of appeal for an appeal to the Supreme Court of Zambia in accordance with the rules of that Court. subject to any amendment by the presiding Judge or Registrar. 33 . 71 of 1997) 5. and shall. (ii) by the Attorney-General for a copy of the record of any matrimonial proceedings. A party who was not exempted from the payment of such fees. in either case upon payment of the prescribed fees by the applicant. (2) Every record of proceedings which shall be transcribed shall be certified by the transcriber to be a true and correct transcript and such certificate shall be signed and dated by the person who shall make it. or for a copy of any transcript thereof previously made. be deemed to be correct.32.I.

71 of 1997) 6. No. take before the Registrar an oath or affirmation in the appropriate form prescribed in the Fourth Schedule.transcript of the record of proceedings therein is made and a copy Cap. official recording apparatus operator or official transcriber shall be deemed to be an officer of the Court and shall. (2) Every shorthand writer. shall be totally. other than an official shorthand writer. recording apparatus operator or transcriber shall. shall be a person approved by the presiding Judge or Registrar for employment in recording or transcribing the proceedings in a particular cause or matter and shall for that purpose be deemed to be an officer of the Court. before entering on his duties. Every such shorthand writer. or a copy of any transcript of such proceedings Cap. and is not made for the purpose of mere delay.I. take before the Registrar an oath or affirmation in the appropriate form prescribed in the Fourth Schedule. 2. Where such an application is made on the grounds of the absence of Absence of a witness. 63 of 1964 and S. or partially. The Court may postpone the hearing of any civil cause or matter. on In what cases being satisfied that the postponement is likely to have the effect of better ensuring the hearing and determination of the questions between the parties on the merits. or both. recording apparatus operator or transcriber. according to the total or partial exemption of payment of fees of the Supreme Court granted to such party in accordance with the Legal Aid Act. (As amended by S. or of any previously existing transcript. (1) Every official shorthand writer. 34 previously made is supplied for the purpose of an appeal to the Supreme Court of Zambia. 34 thereof supplied. the Court shall require to be satisfied that his evidence is witness material. and who is a poor appellant within the meaning of the Legal Aid Act. official recording apparatus operator or official transcriber. and that he is likely to return and give evidence within a reasonable time. . before entering on his duties. No. Oaths ORDER XXXIII POSTPONEMENT OF HEARING 1.I. The postponement may be made on such terms as to the Court seem just. exempted from payment of the prescribed fees for the making of the transcript or the supply of a copy thereof.

Subject to special arrangements for any particular day. (c) Motions on notice. in the business at following order: sittings (a) (b) Judgments standing over for delivery. the business Order of of the day shall be taken. appoint any day or days. Subject to the provisions of the Act and these Rules. ORDER XXXV NON-ATTENDANCE OF PARTIES AT HEARING 1. from time to time. and that he is permanently residing out of the jurisdiction. The above shall be taken in the order in which they stand in the lists. 309 of 1960) O. 35 Days of sittings 2. Where a civil cause on the cause list has been called. the Court shall. as circumstances require. as nearly as circumstances permit. unless it sees good reason to the contrary. if neither party Non-appearance appears. Where an application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the jurisdiction. in its discretion. (d) Civil causes and matters for hearing. Witness out of jurisdiction ORDER XXXIV ORDER OF BUSINESS 1. the Court may. . or does not intend to come within the jurisdiction within a reasonable time. for the hearing of causes and matters. 34. and arguments on showing cause against orders. strike of both parties the cause out of the cause list. (As amended by No. unless the Court sees fit to vary the order.3. the Court shall require to be satisfied that the evidence of the witness is material. Ex parte motions.

4. 35. unless it sees good reason to the contrary. Any civil cause struck out may. the Court shall. and make such order as to costs. unless the Court otherwise directs. in favour of any defendant appearing. or may postpone the hearing of the cause and direct notice of such postponement to be given to the defendant. the Court may. 5. strike out the cause (except as to any counter-claim by the defendant). Where the defendant to a cause which has been struck out under rule 2 has a counter-claim. be set aside by the Court. the Court may. proceed to hear the counter-claim and give judgment on the evidence adduced by the defendant. If the plaintiff does not appear. 36 Setting aside of judgment made in absence of party 6. upon such terms as may seem fit. Of plaintiff Of defendant 3. as seems just: Provided that. Counter-claim where plaintiff does not appear O. if the defendant shall admit the cause of action to the full amount claimed. Delivery of judgment . If the plaintiff appears. The decision or judgment in any suit shall be delivered in open court. proceed to hear the cause and give judgment on the evidence adduced by the plaintiff. Any judgment obtained against any party in the absence of such party may. on sufficient cause shown. the Court may.2. or may postpone the hearing of the counter-claim and direct notice of such postponement to be given to the plaintiff. on such terms as to the Court may seem fit. upon proof of service of notice of trial. give judgment as if the plaintiff had appeared. or neglects to answer when duly called. be replaced on Relisting of the cause list. if it thinks fit. by leave of the Court. cause struck out ORDER XXXVI JUDGMENT 1. on due proof of service on the plaintiff of notice thereof. and the defendant does not appear or sufficiently excuse his absence.

and every such minute shall be a decree of the Court. The judgment with respect to any sum awarded to the defendant shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate suit against the plaintiff. is due to the defendant. the amount whereof may require to be ascertained by taxation). the judgment shall state allowed what amount. and shall have the full force and effect of a formal decree. he is demand bound to do so immediately after the decree or order has been made (except as to costs. or at any time afterwards. All parties shall be deemed to have notice of the decision or When parties judgment. First Schedule. whether final or interluctory. 7. states the day on which judgment will be delivered. and what amount. 4. as the Court or a Judge thinks fit. A person directed by a decree or order to pay money or do any other Decree to be act is bound to obey the decree or order without any demand for obeyed without payment or performance. If the Court reserves judgment at the hearing. interest shall be O. reckoned from the date of the judgment or order. if no time is therein expressed. and shall be for the recovery of any sum which shall appear to be due to either party. and. unless the Court. 6. 36. 37 Court may direct time for payment or performance Rate of interest . 3. in which case there shall be no further notice. The Court or a Judge may order a formal decree to be drawn up on the application of either party. The Court or a Judge. parties to the suit shall Notice when be served with notice to attend and hear judgment. Where a judgment or order is for a sum of money. If the defendant shall have been allowed to set off any demand or Where set-off counter-claim against the claim of the plaintiff. if pronounced at the hearing. at the time of making any judgment or order. and all parties served with deemed to have notice to attend and hear judgment shall be deemed to have notice of the notice judgment when pronounced. may direct the time within which the payment or other act is to be made or done. 8. shall be made. unless the time shall be enlarged by any subsequent order. Minute of judgment: its effect. is due to the plaintiff. A minute of every judgment. Form 33 5. at reserved the hearing. or from some other point of time.2. if any. if any.

every Judgments Judgment Register and the Judgments Section of every Civil Causes Register shall Registers open be open for personal inspection during the hours in which a Registry is to inspection open to the public. The order shall state that. on sufficient grounds. (As amended by S. for any sufficient reason. upon the failure of any installment. Except as provided for under rule 9. (As amended by S. 2. No. Subject as hereinafter provided by this rule.I. there shall be no order for stay of execution on the balance. Where any judgment or order directs the payment of money.I. Every judgment entered at any Registry of the High Court for a fixed Register of or liquidated sum of money shall be recorded by the proper officer in the judgments Judgments Register which shall be kept there. No. at any time. The order may be made at the time of giving judgment. 71 of 1997) 10. the Court or a Judge may. order that the amount shall be paid by installments. the Court or Judge may.I. the whole amount remaining unpaid shall forthwith become due: Provided that where there is a default in paying any one installment. order stay of execution of judgment. 71 of 1997) 9. Any other judgment or order shall be recorded in the Civil Causes Register. 309 of 1960) 1. and may be rescinded or varied upon sufficient cause. No. . or at any time afterwards. 71 of 1997) Register of execution Payment by installments and stay of execution ORDER XXXVII RECORDING OF JUDGMENTS (No. with or without interest.paid thereon at the average of the short-term deposit-rate per annum prevailing from the date of the cause of action or writ as the court or judge may direct to the date of judgment (As amended by S.

Where any judgment entered in a Judgments Register or a Civil Causes Register has been wholly satisfied or complied with. Forms 51 and 52 Judgments set aside. the applicant shall first apply to the Registrar of the High Court in the prescribed form and. and upon proof of the satisfaction thereof. varied or reversed Judgments satisfied ORDER XXXVIII THE AFFILIATION AND MAINTENANCE OF CHILDREN ACT (No. 38 General searches First Schedule. as the case may be. 6. Where any judgment entered in a Judgments Register or a Civil Causes Register has been set aside. Where it is desired to make a personal search of the Judgments Register or of the Judgments Section of the Civil Causes Register for entries against a named person. 5. 309 of 1960) . When it is desired to make general searches. of the Judgments Register in any Registry of the High Court for entries against any number of unspecified judgment debtors. Form 50 O. the applicant shall first lodge at the Registry in which a search is to be made a form of application in the prescribed form and shall pay the fees prescribed. a note to that effect against the record of such judgment. varied or reversed. the Registrar of the High Court shall issue or cause to be issued to such applicant a form of permit in the prescribed form. as the case may be. Individual searches First Schedule. the Registrar shall. 4. The production of such form of permit signed by the Registrar shall be sufficient authority to make general searches of the Judgments Registers kept in each Registry during the period specified in such permit and at times when such Registers are open for public inspection. on an application in writing made by any party to the action in which the judgment was entered.3. during any calendar year. a note to that effect against the record of such judgment. insert or cause to be inserted in the Judgments Register or Civil Causes Register. the Registrar shall insert or cause to be inserted in the Judgments Register or Civil Causes Register. 37. on payment of the prescribed fee.

64 "register" means the register kept for the purposes of the Act. stating(i) the address and occupation of the person liable to make payments under the order. 71 of 1997 II-PROCEDURE UNDER PART V OF THE ACT 2.I-INTERPRETATION 1. (As amended by S. O. In this Order. the clerk of that court. (iv) the amount of any arrears due to the applicant under the order. No. unless the context otherwise requires"the Act" means the Affliation and Maintenance of Children Act "proper officer" means(a) in the case of the High Court. or (b) at any time by lodging with the proper officer an affidavit by the applicant. or an order varying the maintenance order. Cap. (iii)the reason why registration of the order in a magistrate's court is desired. together with a copy thereof. the officer designated by the Registrar for the purposes of the provision of the Act in which the expression occurs: and (b) in the case of a subordinate court.I. the reason why service has not been effected. (ii) the date of service of the order on the person liable to make payments thereunder or. (1) An application for the registration of a maintenance order in a subordinate court may be made(a) on the making of the maintenance order. Interpretation. 38 Registration of orders . if the maintenance order has not been served.

(v) that the order is not already registered under the Act. whichever first occurs. and (vi) whether any proceedings are pending. 71 of 1997) 3. submit a certified copy of the order endorsed with the note that the application has been granted. No. warrant or other process is in force. (2) Where the application is granted(a) the applicant shall. if he has not already done so. (As amended by S. the proper officer shall send a discharge of certified copy of the original order to the clerk of the subordinate court. the proper officer shall cause the order to be registered in the High Court by filing the copy and making an entry in the register. (3) On receipt of a certified copy of a subordinate court order sent to him pursuant to the Act. registered order O. and shall send notice to the clerk of the subordinate court that the order has been duly registered. (1) Where the High Court makes an order varying or discharging an Variation or order registered in a subordinate court. or any writ. and no writ. (c) the proper officer shall. together with a copy of any affidavit lodged under sub-rule (1). to the clerk of the subordinate court for the District in which the person liable to make payments under the order appears to be. 38 .I. lodge with the proper officer a certified copy of the maintenance order. for the enforcement of the order. (d) on receipt of notice that the order has been duly registered in the subordinate court. warrant or other process shall be issued for the enforcement of the maintenance order before the registration of the order or before the expiration of fourteen days from the grant of the application. on being satisfied within the said period of fourteen days that no such proceedings or process begun or issued before the grant of the application remain pending or in force. the proper officer shall enter particulars of the registration in the court minutes. (b) no proceedings shall be begun.

(2) Where the High Court. the proper officer shall(a) (b) file the copy.(2) Where a certified copy of an order varying a High Court order registered in a subordinate court is received from the clerk of the subordinate court.I. (As amended by S. rule 2 to be entered. and . (3) Where a subordinate court varies or refuses to vary a High Court order registered in the subordinate court. on being satisfied by an affidavit by the person entitled to receive payments under the order that no process for the enforcement of the order issued before the giving of the notice remains in force. the proper officer shall file the copy and enter particulars of the variation in the places in which particulars of the registration are required by paragraph (d) sub-rule (2). the proper officer. decides to give notice under sub-section (2) of the section twenty-four of the Act. and shall be heard by the Judge in chambers or in a court as he shall direct. shall(a) cancel the registration by entering particulars of the notice in the O. and enter particulars of the variation or discharge in the register. 38 register. on varying or discharging an order registered in a subordinate court. the proper officer shall endorse the notice on the certified copy referred to in sub-rule (1) of rule 3. No. (4) Where a certified copy of an order varying or discharging a subordinate court order registered in the High Court is received from the clerk of the subordinate court. (1) If a person entitled to receive payments under an order registered Cancellation of registration in the High Court desires the registration to be cancelled. he may give notice under sub-section (1) of twenty-four of the Act by notifying the proper officer. (3) Where notice is given under section twenty-four of the Act in respect of an order registered in the High Court. an appeal from the variation or refusal shall lie to a Judge of the High Court. 71 of 1997) 4.

the reason why service has not been effected. the proper officer shall enter particulars of the cancellation in the places in which particulars of the registration are required by paragraph (d). any application for an attachment of earnings order shall be made by summons. stating that the cancellation is in consequence of a notice given under subsection (1) of section twenty-four.I. (e) the name and address of any person believed to be the . (b) the date of the service of the maintenance order on the defendant or. (4) Where notice is received from the clerk of a subordinate court that the registration of an order in the High Court has been cancelled. (2) Where a maintenance order has been registered and has been entered under its cause number and title. (3) The summons shall be supported by an affidavit by the applicant stating(a) particulars of the maintenance order. if the maintenance order has not been served. 71 of 1997) 5.(b) send notice of the cancellation to the clerk of the subordinate court by which the order was made. (1) An application for an attachment of earnings order by a person Application for entitled to receive payments under a maintenance order shall be made to attachment of the Court or a Judge by summons and the respondent to the application earnings order (in this Part called the defendant) shall be the person liable to make payments under the maintenance order. (c) the amount of any arrears due to the applicant under the maintenance order. (d) particulars of any proceedings which have been taken for the enforcement of the maintenance order. No. (As amended by S. sub-rule (2) of rule 2.

(g) any other facts relevant to the means of the defendant as are known to the applicant. No. 38 affidavit in support. . together with a copy of the O. (ii) his age. (4) Unless otherwise directed. within ten days after service. (As amended by S. shall be served on the defendant. (iii)his place of work.I.I. 71 of 1997) 7. either by way of personal service or by post letter sent to the address shown on the original order or the last known address of the defendant. An order made under sub-section (1) of section thirty-four of the Act Particulars (which empowers the Court to order a defendant to give particulars for the purpose of enabling him to be identified) may specify any of the particulars referred to in paragraph (f). (f) any of the following particulars relating to the defendant as are known to the applicant: (i) his full name and address. and the defendant may. sub-rule (3) of rule 5 and an attachment of earnings order shall contain such of those particulars as are known to the Court. 71 of 1997) 6. (As amended by S. the summons. at least fourteen days before the return date. (iv) the nature of his work. (2) The Court shall cause a copy of every attachment of earnings order and of every order varying or discharging such an order to be served on the defendant and on the person to whom the attachment of earnings order is directed. (1) An attachment of earnings order shall be in Form 34 set out in the Form and First Schedule and when drawn up by the applicant or his advocate four service of order copies thereof shall be furnished. No.defendant's employer. file an affidavit in answer and in that case shall deliver a copy of his affidavit to the applicant within twenty-four hours after filing it.

or (c) has ceased to be registered in the High Court under section thirty-two of the Act.(3) Service on a person other than a corporation shall be effected by sending the copy of the order to him at his last known place of residence or postal address. No.I. service may be effected at that address instead of at the registered office of the corporation or a place where it resides or carries on business. (4) Service on a corporation shall be effected by sending the copy of the Order to the registered office of the corporation. (1) The officer to whom payment is directed to be made under an Appropriate attachment of earnings order made by the High Court shall give notice variation where the arrears under the related maintenance order have been discharged by sending the notice in form 35 set out in the First Schedule to the person to whom he is required to pay sums received under the attachment of earnings order and to the defendant. (As amended by S. O. (b) was made by a subordinate court and is registered in the High Court under the Act. Where an attachment of earnings order ceases to have effect and the Notice of related maintenance ordercessation of order (a) was made by the High Court and is not registered in a subordinate court under the Act. to any place where it resides or carries on business: Provided that where the corporation has requested that any communication relating to the defendant or to the class or description of persons to which he belongs shall be directed to the corporation at a particular address.I. No. where he is the person to whom the attachment of earnings order is directed. if the corporation has no registered office. or. at his place of business or the postal address thereof. 71 of 1997) 9. (As amended by S. 71 of 1997) 8. the proper officer shall give notice of the cessation to the person to whom the order was directed. 38 . or.

(As amended by S. the Court shall cause the person in whose favour the order was made to be notified of the discharge. review any judgment or decision given by him (except where either party shall have obtained leave to appeal. upon such grounds as he shall consider sufficient. No. it shall be lawful for him to open O. the Court discharges the attachment of earnings order in pursuance of sub-section (3) of section thirty-two of the Act. and such an application shall be made to the Court or a Judge by summons returnable not less than four days after service on the person in whose favour the attachment of earnings order was made. (As amended by S. the defendant may apply within fourteen days after the date of the notice. No. (1) A person to whom an attachment of earnings order made by the Notice of High Court is directed shall give notice under sub-section (4) of section non-employment thirty-three of the Act (which relates to cases in which such a person is of defendant not the defendant's employer) by sending a notice in Form 36 in the First Schedule to the proper officer.I. and.I. 71 of 1997) 10. and such appeal is not withdrawn). Any Judge may. (As amended by S. 71 of 1997) Application for determination whether payments are earnings ORDER XXXIX REVIEW 1. Where an attachment of earnings order has been made by the High Court. 39. 71 of 1997) 11.(2) Where notice is given under sub-rule (1). (2) Where. on receipt of a notice under sub-rule (1). upon such review. 40 Power of review . for an order discharging or varying the attachment of earnings order. No.I. an application under subsection (1) of section thirty-five of the Act (which enables the Court to determine whether payments of a particular class or description are earnings) by the person to whom the order is directed by the defendant or by the person in whose favour the order was made (in this rule called the parties to the order) shall be made to the Court or a Judge by summons returnable not less than four days after service on the parties to the order other than the applicant.

3. vary or confirm his previous judgment or decision: Provided that where the judge who was seised of the matter has since died or ceased to have jurisdiction for any reason. 71 of 1997) 2. 71 of 1997) Application 2. determined (No. and such order may be made. and in enforcing the decree or order made therein.I. Any money in court in the suit shall be retained to abide the result of the motion or the further order of the Judge. (As amended by S. Under the denomination of costs is included the whole of the What included expenses necessarily incurred by either party on account of any cause or in costs matter.I. such as the expenses of summoning and of the attendance of the parties and witnesses.and rehear the case wholly or in part. No. an application for review shall not be admitted. except by special leave of the Judge on such terms as seem just. Any application for review of any judgment or decision must be made not later than fourteen days after such judgment or decision. be referred to a taxing officer. another judge may review the matter. Application not a stay of proceedings ORDER XL COSTS 1. and of procuring copies of documents. unless summarily How amount of determined by the Court. and to reverse. and to take fresh evidence. No. The application shall not of itself operate as a stay of execution unless the Judge so orders. (As amended by S. the fees of court. upon such terms as to security for performance of the judgment or decision or otherwise as the Judge may consider necessary. be ascertained by him. 309 of 1960) 3. All questions relating to the amount of costs shall. after notice costs of taxation to the parties. (1) Any party to any taxation proceedings who is dissatisfied with Application to . After within 14 days the expiration of fourteen days. and. or the remuneration of referees or mediator.

or with the amount allowed by a taxing officer in respect of any for review item. and shall at the same time deliver a copy of the answers to the party applying for review and to each other party (if any) to whom a copy of the objections has been delivered or to whom the taxing officer directs that a copy of the answers shall be delivered. save as aforesaid. (4) Any party to whom a copy of the objections is delivered under this rule may. and shall deliver a copy of the objections to each other party (if any) who attended on the taxation of those items or to whom the taxing officer directs that a copy of the objections shall be delivered. (1) Where an application is made under the last foregoing rule for a Review by review of a decision of an Assistant Registrar empowered to tax bills of taxing master costs. (No. 40 that item. but.the allowance or disallowance in whole or in part of any item by a taxing taxing officer officer. may apply to the taxing officer to review his decision in respect of O. deliver to the taxing officer answers in writing to the objections stating concisely the grounds on which he will oppose the objections. a review under the last foregoing rule shall be carried out by the taxing master to whom the taxation was originally assigned. (2) An application under this rule for review of a taxing officer's decision may be made at any time within fourteen days after that decision or such shorter period as may be fixed by the taxing officer: Provided that no application under this rule for review of a decision in respect of any item may be made after the signing of the taxing officer's certificate dealing finally with that item. within fourteen days after delivery of the copy to him or such shorter period as may be fixed by the taxing officer. a taxing master may receive further evidence and may exercise all the powers which he . (2) On reviewing any decision in respect of any item. is objected to and stating concisely the nature and grounds of the objection in each case. or the amount allowed in respect of which. 309 of 1960) 4. the review shall be carried out by a taxing master. (3) Every applicant for review under this rule shall at the time of making his application deliver to the taxing officer objections in writing specifying by a list the items or parts of items the allowance or disallowance of which.

(4) Unless the Judge otherwise directs. (2) An application under this rule for review of a taxing master's decision in respect of any item may be made at any time within fourteen days after the taxing master's certificate in respect of that item is signed. save as aforesaid. (1) Any party who is dissatisfied with the decision of a taxing master to allow or to disallow any item in whole or in part on review under the two last foregoing rules. shall state in his certificate or otherwise in writing by reference to the objections to that decision the reasons for his decision on the review. and no ground of objection shall be raised which was not raised on the review by the taxing master but. and in particular may order the taxing Review of taxing master's certificate by a Judge . be heard in chambers. (3) An application under this rule shall be made by summons and shall. 40 shall issue his certificate accordingly and. (No.might exercise on an original taxation in respect of that item. or with the amount allowed in respect of any item by a taxing master on any such review. (3) A taxing master who has reviewed a decision in respect of any item O. including the power to award costs of and incidental to the proceedings before him. may apply to a Judge for an order to review the taxation as to that item or part of an item. and any special facts or circumstances relevant to it. no further evidence shall be received on the hearing of an application under this rule. if requested to do so by any party to the proceedings before him. on the hearing of any such application the Judge may exercise all such powers and discretion as are vested in the taxing master in relation to the subject-matter of the application. or such longer time as the taxing master at the time when he signs the certificate. and any costs awarded by him to any party may be taxed by him and may be added to or deducted from any other sum payable to or by that party in respect of costs. 309 of 1960) 5. may allow. except where the Judge thinks fit to adjourn into court. (5) On an application under this rule the Judge may make such order as the circumstances require. or the Court at any time.

309 of 1960) 6. if it or he thinks fit. the taxing officer considers that there are special reasons why costs in excess of those laid down in the Schedule to the Discretion of taxing officer S. costs shall abide the event of the suit or proceeding: Provided that the Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of the whole suit. The Court or a Judge may. in the absence of any express direction by the Court or a Judge. or security to be given for costs by any party. to the skill. the Court or a Judge may. or connected therewith. either at the commencement or at any time during the progress thereof. order the item to be remitted to the same or another taxing master for taxation. fund in suit 10. and. or further or better security. but such order shall not supersede the use of any other lawful method of enforcing payment. If. for the costs of any particular proceeding undertaken in his interest.I. or to give further or better security. have regard. to pay the costs of any particular proceeding therein. require any plaintiff in any suit. Stay of proceedings pending payment or security for costs 9. and may require any defendant to give security. The cost of every suit or matter and of each particular proceeding Costs in therein shall be in the discretion of the Court or a Judge. 7. on having regard to the said matters. The Court or a Judge may order any costs to be paid out of any fund Costs out of or property to which a suit or matter relates. notwithstanding his success in the suit. subject to any rule of court. 88 of 1980 . No. to be stayed until the costs are paid or security given accordingly. by deposit or otherwise. Where the Court or a Judge orders costs to be paid.master's certificate to be amended or. and the Court or discretion of a Judge shall have full power to award and apportion costs. 8. to give costs security for costs to the satisfaction of the Court or a Judge. if it O. except where the dispute as to the item under review is as to amount only. in determining the remuneration to be allowed. (No. on the application of any defendant. Upon taxation of costs. order all proceedings by or on behalf of that party in the same suit or proceeding. in any Court manner it or he may deem just. 40. although the Court may order the successful party. the taxing officer may. 41 Security for or he sees fit. labour and responsibility involved.

he shall be liable to attachment. page (As amended by S. struck out. 309 of 1960. 3. 106 of 1959) 4. 165 of 1950. be liable to have his action dismissed for want of prosecution. In taxation of costs between party and party. he may. general 2. and to be placed in the same position as if he had not defended. 92 of 1980) 11. 206 of 1964 and No. If any party fails to comply with any order to answer interrogatories. or for discovery or inspection of documents. and. Any interlocutory order may be enforced by any of the methods applicable thereto by which a final order is enforceable. and an order may be made accordingly. No. if any. 174 of 1990) ORDER XLI ENFORCEMENT OF ORDERS 1. 41. He shall also. Any order of the Court or a Judge made in any civil cause or matter Orders in may be enforced in the same manner as a decree to the same effect. to have his defence.I. 105 of 1986 and S.I. No. Interlocutory orders may also be enforced either in accordance with Staying the provisions of Order XX (wherever applicable) or according to the proceedings and following provisions: judgment by default Interlocutory orders O. allow such costs as seem to him reasonable. 12. No. (As amended by No. No. 42 Non-compliance with order for discovery . if a defendant. and the party interrogating or requiring discovery or inspection of documents may apply to the Court or a Judge for an order to that effect. if a plaintiff. (No. nothing shall be Taxation allowed in respect of fees paid to the Court beyond what was necessary having regard to the amount recovered on judgment.Practitioners (Costs) Order should be allowed in any cause or matter. in respect of any particular application made or business done. A reference to a page in any provision relating to costs shall mean Definition of a sheet of A4 size.

(As amended by No. "and which judgment Cap. and the further sum of K for the costs of the said registration.. In the case of a judgment registered under the provisions of Part V of Form of writ of execution for the Service of Process and Execution of Judgments Act. upon such terms as to costs or otherwise as the Court may think fit. and whether held in his own name or by another party in trust for him or on his behalf (except the wearing apparel and bedding of himself or his family and the tools and implements of his trade." Property liable to execution. 79 has been duly registered in the High Court for Zambia pursuant to Part V O. 42 of the Service of Process and Execution of Judgments Act.If a plaintiff in a suit makes default or fails in fulfilling any interlocutory order. (As amended by No.. All property whatsoever.. or make such other order as to the Court may seem just: Provided that any such judgment by default may be set aside by the Court. the form of a use under the writ of execution shall be varied as follows: Service of For the words "which said sum of money and interest were lately before Process and the High Court for Zambia... real or personal.. 235 of 1958 and S.." etc. if any. if it thinks fit. (describing Judgments Act. If a defendant in any suit makes such default or failure. stay further proceedings in the suit until the order is fulfilled. to the value of five hundred Kwacha or. 71of 1997) 2. the Court may. one million Kwacha) is liable to attachment and sale in execution of the decree. with or without liberty of bringing any other suit on the same grounds of action. or may give a judgment of non-suit against such plaintiff. in the case of a farmer.. First Schedule Forms 41 and 43-47 ." etc. 106 of 1959) ORDER XLII EXECUTION 1. belonging to a party against whom execution is to be enforced. there shall be substituted the words Execution of "which said sum of money and interest were lately in . No. the Court in which judgment was obtained). or may make such other order on such terms as to the Court shall seem fit..I... the Court may give judgment by default against such defendant.

the real property of such person shall only be sold if the personal property is insufficient. Personal property first to be realised Proceedings by 4. On any levy on the property of any person to satisfy an order or judgment of Court for the payment of money. and shall not be issued unless(a) a copy of the default judgment entered has been served on the defendant in accordance with the provisions of Order X. except by express leave of the Court or a Judge. (2) In every case. and (b) a period of seven days has elapsed since the date of service of the default judgment on the defendant. Deputy Sheriff or Under-Sheriff may at his discretion make provision by order against any party to such proceedings. (No.I.and any warrant issued under any such writ of execution shall be varied in a similar manner. 235 of 1958) 5. but he may in his discretion sit with assessors. No sale of goods taken in execution shall be made until the end of Procedure on . No. but if the Court or a Judge sees it fit. Deputy Sheriff or Under-Sheriff. the writ of execution shall not be issued. a writ of Issue of writ of execution in respect of a final judgment entered in default of appearance execution pursuant to the provisions of Order XII shall be issued only if. (No. (1) Except by express leave of the Court or a Judge. (As amended by S. it or he may order immediate execution. and shall have all the powers of the Court for the summoning of such assessors and payment of their proper fees and expenses. In any proceedings by way of elegit any inquisition shall be conducted without oath by the Sheriff. and the High Court may at the request of any party to any such proceedings issue subpoenas for the attendance of witnesses. for payment of whose fees and expenses the Sheriff. until three days after the day of the date of the order or judgment. 30 of 1984) 6. way of elegit sitting without a jury. 275 of 1959) 3.

five days next after such goods were seized. he shall render a return of due execution within seven days after the same shall have been carried into effect or payment or part payment made in lieu. 42 the property seized is of a value estimated to exceed fifty thousand kwacha. bailiff or other person is charged with the levying of an execution. (No. he shall render a return in similar form specifying the reason or reasons why such execution is so incomplete. When the Sheriff. unless such goods are execution perishable. Under-Sheriff. and the duplicate thereof shall thereupon be despatched by the proper officer to the party's Advocate or to the party himself if he is acting in person. unless and until the person against whom such execution has been issued signs a request and authority for walking Walking possession . No.I. (As amended by S. and. he shall not enter into mere walking possession. he shall render a return specifying the reason or reasons for such non-execution. Where O. bailiff or other person is charged with the execution of a warrant of commitment or committal. 106 of 1959) 8. (1) In all cases the Sheriff. Under-Sheriff. nor delay the execution with a view to taking walking possession only. in the event of the same not having been carried into effect or payment made as aforesaid at the expiration of fourteen days from the date of receipt thereof and each succeeding fourteen days thereafter. who has required such process or warrant to be executed. as the case may be. in the event of the same not being fully executed or payment in full not having been made at the expiration of the first and each succeeding month thereafter. (2) Where the Sheriff. and. (3) Any return required to be rendered under the foregoing sub-rules shall be rendered to the Court in duplicate. specifying the extent to which such process shall have been executed or payment made. or after any payment to avoid such execution. whether in whole or in part. or on the request of the party whose goods are seized. 71 of 1997) Return of writ 7. Under-Sheriff. bailiff or other person charged with the execution of any particular process shall render a return in Form 16 in the First Schedule within seven days after the execution thereof. the sale shall be advertised at least once in a newspaper circulating in the district where the sale is to take place.

Where directions have been given under rule 12. according to the time of the original delivery thereof. for direction 12. direction 13. month and year of such renewal. and be entitled to priority. refuse apply to Court to issue the writ. either by being marked with a seal of the Court bearing the date of the day. or by such party giving a written notice of renewal to the Sheriff. by leave of the Court or a Judge. take the direction of the Court or a Judge. The production of a writ of execution. take the direction of the Court or a Registrar may Judge as to any application for execution. shall be sufficient evidence of its having been so renewed. and so on from time to time during the continuance of the renewed writ. and shall make such order releasing the property from the attachment. 106 of 1959) 11. Where property attached is in the hands of a third party. purporting to be marked with such seal as in the last preceding rule mentioned. . (No. and a writ of execution so renewed shall have effect. allowing or Attachment of property in the hands of other persons Power to summon witnesses. showing the same to have been renewed. the Court shall have power to summon and examine all such persons as parties and witnesses respectively as it may consider necessary. when in doubt as to the mode of Court for attachment. 42 but such writ may. 106 of 1959) 9. (No. or of the notice renewing the Evidence of renewal same. be renewed by the party issuing it for one year from the date of such renewal. and bearing the like seal of the Court. and. The Registrar may. in the meanwhile. A writ of execution if unexecuted shall remain in force for one year Renewal of writ only from its issue.possession in Form 42 in the First Schedule. unless renewed in the manner hereinafter provided. where such property consists of debts or of shares in a company. the Registrar shall. 14. notice of the attachment shall be served on such party. at any time. notice of the attachment shall be given to the debtor or to the company. and. O. In the case of negotiable instruments or debts due to the judgment Reference to debtor and the like. (No. etc. signed by the party or his advocate. 106 of 1959) 10. at any time before its expiration.

or on the Registrar. (As amended by No. and examine other may make interim orders. 218 of 1944) 1. if necessary. at any time. for granted or in respect of which he is or expects to be. and such order shall be conclusive against all parties with notice thereof. for the preservation of any witnesses property available towards the discharge of the decree. goods or chattels taken or intended to be taken in execution under any process. Property in the custody of a public officer or in custodia legis Power to examine judgment debtor as to means Power to 17. and property in custodia legis shall be liable to attachment by leave of the Court or a Judge. goods or chattels. sued by two or more parties (in this Order called the claimants) making adverse claims thereto. as to the existence and value of his property and of any debts owing to him. and claim is made to any money. as the case may be. Property in the custody or under the control of any public officer in his official capacity shall be liable to attachment in execution of a decree with the consent of the Attorney-General. or to the proceeds or value of any such Relief by way of interpleader may be granted: . (b) Where the applicant is a Sheriff or other officer charged with the execution of process by or under the authority of the Court. 16. the order of attachment must be served on such public officer. issue a summons to the judgment debtor calling on him to appear and be examined respecting his ability to satisfy the judgment. and the judgment debtor may be examined as to the same upon oath. The Court may also examine any other party or witness it may think fit respecting the matters mentioned in the last preceding rule. The Court may. 43 (No. ORDER XLIII INTERPLEADER O. and giving directions as to the costs of such inquiry. 235 of 1958) 15. When relief by interpleader (a) Where the person seeking relief (in this Order called the application) is under liability for any debt. In such cases. money.disallowing the claims of the third parties. as it shall think fit.

but the order shall not affect the rights of the claimants as between themselves. the Court or Order to be a Judge may order either that any claimant be made a defendant in any made at hearing action already commenced in respect of the subject-matter in dispute in of application . application for relief When may be made at any time after service of the writ of summons. If the claimants appear at the hearing of the application. Summons by applicant Matters to be proved by applicant 6. The applicant may take out a summons calling on the claimants to appear and state the nature and particulars of their claims. If the application is made by a defendant in an action. but are adverse to and of claimants independent of one another.goods or chattels by any person other than the person against whom the process is issued. Failure of claimant to appear or to obey order O. having been duly served with the notice of the application. and persons claiming under him. 45 8. and (b) that the applicant does not collude with any of the claimants. The applicant must satisfy the Court or a Judge by affidavit or otherwise(a) that the applicant claims no interest in the subject-matter in dispute. application to be made by a defendant 5. and all persons claiming under him. forever barred against the applicant. 44. The applicant shall not be disentitled to relief by reason only that the Adverse titles titles of the claimants have not a common origin. 7. 3. does not appear on the return day or having appeared neglects or refuses to comply with any order made after his appearance. 2. If a claimant. 43. the Court or a Judge may make an order declaring him. and either to maintain or relinquish them. Where the applicant is a defendant in an action. 4. the Court or a Stay of action Judge may stay all further proceedings in the action. and (c) that the applicant is willing to pay or transfer the subject-matter into Court or to dispose of it as the Court or a Judge may direct. other than for charges or costs.

of the United Kingdom. and the general practice therein as regards the procedure on applications under the Companies Act. or that an issue between the claimants be stated and tried. for an order of reference. in or for the purposes of any interpleader Incidental proceedings. or any of such matters. and the Court or a Judge may. The Court or a Judge may. make an order of reference accordingly. on such application. at any time before final judgment. should be referred to reference the final decision of one or more arbitrator or arbitrators. 1948. ORDER XLV REFERENCE TO ARBITRATION 1. ORDER XLIV (No. of the United Kingdom. 388 prior to the coming into effect of the Companies Act. and which defendant. 9. If the parties to a suit are desirous that the matters in difference Order of between them in the suit. 1929. they may apply to the Court or a Judge. The Rules of the Supreme Court of England in force immediately Cap. and in the latter case may direct which of the claimants is to be plaintiff. 98 of 1958) PROCEDURE ON APPLICATIONS UNDER COMPANIES ACT Procedure 1. except if and so far as any such Act otherwise provides. give all such directions for the disposal of any issue orders and costs including the delivery of any pleadings and other matters and may make all such orders as to costs as may be just and reasonable. shall apply as far as circumstances may permit to all applications made under the Companies Act or any Act in amendment or substitution thereof.lieu of or in addition to the applicant. .

or if the persons nominated by them shall refuse to accept the arbitration. and the parties are desirous that the nomination shall be made by the Court or a Judge. or. if they cannot agree. as they would incur for the same offences in suits tried before the Court. In any case in which an umpire shall have been appointed. from time to time. or being guilty of any contempt of the arbitrators or umpire during the investigation of the suit. Appointment of 4. a notice in writing stating that they cannot agree: . or otherwise as may be agreed upon between the parties. O. When the arbitrators shall not have been able to complete the award Extension of time for making within the period specified in the order. The Court or a Judge shall. and persons not attending in compliance with such process. If the parties cannot agree with arbitrators respect to the nomination of the arbitrators. and the time so fixed shall be specified in the order. or to the umpire.2. or shall have delivered to the Court. the Court or a Judge shall appoint the arbitrators. and shall fix such time as it or he may of reference think reasonable for the delivery of the award. provision shall be made in the order for a difference of opinion among the arbitrators. When a reference is made to arbitration by an order of the Court or a Enforcing Judge. by an order under the seal of the Court. it shall be lawful for him to enter on the reference in lieu of the arbitrators. as the Court or a Judge may determine. 6. shall be subject to the like disadvantages. by umpire where the appointment of an umpire. if they shall have allowed their time. or refusing to give their testimony. on the representation of the arbitrators or umpire. or other good and sufficient cause. or by declaring that the decision shall be necessary with the majority. penalties and punishments. or making any other default. by order of the Court. if it or he shall think proper. 3. enlarge the period for delivery of the award. or by empowering the arbitrators to appoint an umpire. The arbitrators shall be nominated by the parties in such manner as Appointment of may be agreed upon between them. from want of the necessary evidence or information. or their extended time. the Court or award a Judge may. the same process to the parties and witnesses whom the attendance of arbitrators or umpire may desire to have examined shall issue as in witnesses ordinary suits. 45 refer to the arbitrators the matters in difference in the suit which they Form of order may be required to determine. to expire without making an award. If the reference be to two or more arbitrators. 5.

or umpire. upon the application of the party having served such notice as aforesaid. any of the parties may serve the arbitrators with a written notice to appoint an umpire. The Court may. it shall be lawful for the Court or a Judge to appoint a new arbitrator or arbitrators. by the terms of the order of reference. or contains any obvious error which can be amended without affecting such decision. and. modify or Court may correct an award where it appears that a part of the award is upon modify or matters not referred to the arbitrators. to appoint an umpire.Provided that an award shall not be liable to be set aside only by reason of its not having been completed within the period allowed by the Court or a Judge. no umpire be appointed. or refuse to act or become incapable of acting. if. the arbitrators or umpire so appointed shall have the like power to act in the reference as if their names had been inserted in the original order of reference. or where the award is imperfect in form. The award shall contain a conclusive finding. or unless the award shall have been made after the issue of an order by the Court or a Judge superseding the arbitration and recalling the suit. 45 8. 10. in any case of reference to arbitration by an order of the Court or a Judge. and may not find on Finding to be the contingency of any matter of fact being afterwards substantiated or positive deposed to. upon any reference by Special case for an order of the Court or a Judge. the arbitrators or umpire shall die. and does not affect the decision on the matter referred. Where the arbitrators are empowered. incapacity or refusal to act O. if such part can be separated from correct award the other part. 7. it shall be lawful for the Court or a Judge. and upon proof to its or his satisfaction of such notice having been served. 9. In any case of appointment under this rule. and do not appoint an umpire. to appoint an umpire. in the place of the person or persons so dying. and if it is not provided opinion of to the contrary. If. if they think fit. Power of Court in case of death. to state their award as to the whole or any part thereof in Court the form of a special case for the opinion of the Court. on the application of either party. . It shall be lawful for the arbitrators or umpire. It shall comprehend a finding on each of the several matters referred. unless on proof that the delay in completing the award arose from misconduct of the arbitrators or umpire. within seven days after such notice shall have been served. or refusing to act or becoming incapable of acting.

No award shall be liable to be set aside except on the ground of perverseness or misconduct of the arbitrator or umpire. the Court or a Judge may. on the application of either party. and the award shall thereupon have the same force and effect for all purposes as a judgment. or if it has determined matters not referred to arbitration. make such order as it thinks just respecting the costs of the arbitration. In any of the following cases. Power as to costs Power of Court to remit award for reconsideration Setting aside 13. Any application award to set aside an award shall be made within fifteen days after the publication thereof. When it appears that any paper of a deceased person dying within Court may the jurisdiction. or if effect of the Court shall have refused any such application. 45. if any question arise respecting such costs or their amount. If no application shall have been made to set aside the award. that is to say: (a) If the award has left undetermined some of the matters referred to arbitration. (b) If the award is so indefinite as to be incapable of execution. the Court shall have power to remit the award. being or purporting to be testamentary. or to Filing award: remit the same or any of the matters referred for reconsideration. 46 the award in Court.11. production in a summary way. or any of the matters referred to arbitration. either party may file O. The Court may also. ORDER XLVI PROBATE AND ADMINISTRATION I-General 1. is in the order possession or under the control of any person. for consideration by the arbitrators or the umpire. 12. upon such terms as it may think proper. (c) If an objection to the legality of the award is apparent upon the face of the award. whether a suit or proceeding for probate or . 14. and the award contain no sufficient provision concerning them.

widow or next of kin. shall. 71 of 1997) II-Custody of Wills 7. to come in and prove the will or to renounce probate. Examination respecting testamentary papers Notice to executor to come in and prove Form of suits 5. residing within the jurisdiction. Where the whole estate of a person.administration is pending or not.I. No. (As amended by S. order him to produce the paper. within fourteen days after notice. and they. 2. The Registrar shall refuse to proceed with the application if he has reason to believe the estate exceeds the sum of five hundred thousand kwacha. to the estate of the deceased. and that he do attend for that purpose. whether testate or intestate. No. may apply to the Registrar personally. as nearly as may be. or some one of them. give notice to the executors. that he do produce the paper. whether a suit or proceeding for probate or administration is pending or not. sealed up under his own seal and the seal of the Court. order that he be examined respecting the same orally or on interrogatories. or by letter. and the Registrar shall prepare the necessary papers to lead a grant of probate or letters of administration. Suits respecting probate or administration shall be instituted and carried on. the husband. in his lifetime. Small estates shall not exceed in value the sum of five hundred thousand kwacha. 3. Where it appears that there are reasonable grounds for believing that any person has knowledge of any paper being or purporting to be testamentary (although it is not shown that the paper is in his possession or under his control). 4. after examination. in the like manner as suits in respect of ordinary claims. deposit for safe custody in the Court his own will. Any person may. in a summary way. come in and prove or renounce accordingly. and. 71 of 1997) 6. of its own motion or on the application of any person claiming an interest under a will. (As amended by S. the Court or a Judge may. 46. at any time O. The Court may. 47 Testator may deposit will Registrar may refuse application .I. if any. notwithstanding the provisions of rule 9. as the case may be. therein named. and may.

Every original will of which probate or administration with will Custody of annexed is granted shall be filed and kept in the registry of the Court. (1) Every appellant shall give security to the satisfaction of the appeal subordinate court (hereinafter in this Order called "the court below"). as the court below thinks fit to direct. He shall also give notice of the appeal to all parties directly affected by the appeal. and to such others. either by deposit or by bond in Form 48 in the First Schedule. If security. He shall also pay into the court below the amount of the expense of making up and transmission to the Court of the record of appeal. A copy of every such will. (As amended by S. may extend the time for the fulfilment of the conditions of appeal. then and not otherwise the court below shall give final leave to appeal: Provided that(i) the court below. in its discretion.I. on account of the poverty of an appellant. although such appellant may not have been formally . or of the application for final leave to appeal. in its discretion. No. for payment of all such costs as may be awarded to any respondent by the Court. An exemplification of the probate or administration with the will annexed may be obtained from the Court. payment and notice are so given and made within one month after the application for conditional leave to appeal. No original will shall be delivered out for any purpose without the direction in writing of the Court. in wills of which such manner as to secure at once the due preservation and convenient probate granted inspection of the same. Wills not given out without order of Court ORDER XLVII CIVIL APPEALS I-Leave to Appeal Conditions of 1. as respondents. 37 of 1964) 8.withdraw such will. 9. and of the probate and administration. shall be preserved in the registry. and if application for final leave to appeal be filed in the court below not later than seven days after the expiration of such month. (ii) the court below may.

On the appellant failing to file the grounds of appeal within the prescribed time. and shall cause appeal to be a copy of such grounds of appeal to be served on the respondent. After fourteen days from the date of any interlocutory decision. court below 4. shall be O. leave of the Court III-Execution or Suspension of Judgment Pending Appeal 5. except so far as the court operate as stay below or the Court may order. and no intermediate act or proceeding of execution shall be invalidated.admitted to sue or defend as a pauper. 47 granted. From final application for conditional leave to appeal shall not be entertained by the judgments by Court. if granted by the Court. file in the court below the grounds of his appeal. After one month from the date of a final judgment or decision. The appellant shall. From interlocutory orders From final 3. filed 7. dispense with such security for costs. An appeal shall not operate as a stay of execution or of proceedings Appeal not to under the judgment or decision appealed from. application for conditional leave to appeal shall not be entertained by the judgments by leave of the court below. unless the court below or the Court shall see fit to extend the time. he shall be deemed to have abandoned the appeal. mutatis mutandis. After three months from the date of a final judgment or decision. (2) Leave to appeal. except so far as the court below may direct. Effect of failure to file grounds of appeal . application for leave to appeal shall not be entertained. under rule 4. II-Limitation of Time for Appeals 2. within seven days after obtaining final leave to Grounds of appeal. IV-Grounds of Appeal 6. in accordance with the provisions of sub-rule (1).

the pleadings (if any). VI-Proceedings in the Court 11. until the appeal is Control by disposed of. and which may be necessary. record of appeal make up the record of appeal. the Court shall not Notice to cause notice to be given to the parties of the day when the appeal shall be parties in O.8. which shall consist of the writ of summons. 12. the notes of the evidence. Every application in the proceedings appeal pending shall be made to the Court. at any time. On the expiration of fourteen days after final leave to appeal has Contents of been given. if required by the Court. certified copies of all documents admitted as evidence or tendered as evidence and rejected. amend or add Amendment of to the grounds of his appeal. the court below shall. These shall be returned to the parties producing them. and the parties must be prepared to produce the originals. but every such order may be discharged or varied by the Court. except for some special cause. without the application of any party. 47 Production of original letters or documents . and not to the court below. the judgment or order of the court below and the grounds of appeal. when completed. the Court shall be in possession of the whole proceedings as Court while between the parties to the appeal. After the record of appeal has been transmitted. If the appeal is from an interlocutory order. and may make any interim order or grant any injunction which the court below is authorised to make or grant. 10. The appellant may. The court below shall not. grounds of appeal V-Transmission of Record 9. 13. The record of appeal. but any application may be made through the court below: Provided that. The Court may. in cases of urgency. where necessary. in addition to what the security court below has thought fit to direct. by leave of the Court. the court below may make any interim order to prevent prejudice to the claim of any party pending an appeal. before or at the hearing of the appeal. shall be forwarded to the Registrar. require security for costs or for Additional performance of the orders to be made on appeal. take upon itself the charge or the transmission of original letters or documents produced in evidence.

if any party to the appeal is desirous that the appeal should be disposed of without his attendance. appeals he shall be at liberty to do so. direct the appeal to be re-entered for hearing. but. respondent to on proof of the service upon him of notice of the hearing. it shall not be necessary for the Registrar to give him notice of the date of hearing in accordance with rule 14. he shall notify the court below. through the court below. 18. and thereupon. the Court shall. 47 Hearing in absence of parties . at such time as the Court directs. either in person or by his professional representative. when his appeal is called on for hearing. if the Court sees fit. for the furtherance of New evidence on appeal O. If the respondent fails to appear. (1) Notwithstanding anything in rules 15 and 16 contained. in person or by professional Failure of representative. (2) When an appeal has been dismissed owing to the non-appearance of the appellant or his professional representative. stand appear dismissed with costs. (1) If the appellant fails to appear. and on such terms as to costs or otherwise as it may deem just. the Registrar shall give notice of the date of hearing. in person or by professional Failure of representative. If the appeal is from a final judgment or decision.disposed of. in the special circumstances. where a party to the appeal notifies to the Court his desire to attend. the Court may. Notice to parties in appeals from final judgments 15. and to be heard. It is not open. as of right. and the court below shall so inform the Registrar at the time of transmitting the record. the appeal shall. (2) If any party so notifies the court below. interlocutory but. 17. it may determine the appeal in the absence of that party. unless. 16. it thinks fit to do so. appellant to on proof of service upon him of the notice of the hearing. to the parties to the appeal. proceed to appear hear the appeal ex parte. 14. if it thinks fit. when the appeal is called on for hearing. to any party to an appeal to adduce new evidence in support of his original case.

decree or order of the Court shall be transmitted by the Registrar to the court below. notwithstanding that the appellant may have asked that part of a decision may be reversed or varied. a certificate under seal of the Court and the hand of the presiding Judge setting forth the judgment. and may amend any defect or error in the record of appeal. These powers may be exercised by the Court. decree or order given or made by the Court may be Execution to be enforced by the Court or by the court below. from time to time. the Court 23. VII-Enforcement of Judgments. 47. allow or require new evidence to be adduced. and may rehear the whole case. generally. The Court shall have power to give any judgment and make any order that ought to have been made. 21. allege any facts essential to the issue that have come to his knowledge after the decision of the court below. and also be exercised in favour of all or any of the respondents or parties. or may remit it to the court below to be reheard. The Court may. No interlocutory order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision upon the appeal as may seem just. shall have as full jurisdiction over the whole proceedings as if the proceedings had been instituted and prosecuted in the Court as a court of first instance. and. 19. by leave of the Court. Any judgment. 48 Execution by court below in terms of Power of Court to give any decision or make any order . and adduce evidence in support of such allegations. make any order necessary for General powers of Court determining the real question in controversy in the appeal. the Court may. decree or order to be enforced by the court below. and to make such further or other orders as the case may require. and O. A party may. When the Court directs any judgment. including any order as to costs. although such respondents or parties may not have appealed from or complained of the decision. according as the Court may as directed by consider most expedient and may direct. Decrees or Orders on Appeal 22. where it thinks fit. Interlocutory order not to prejudice decision on appeal 20. and may direct the court below to inquire into and certify its finding on any question which the Court thinks fit to determine before final judgment in the appeal.justice. or to be otherwise dealt with as the Court directs.

Fees ORDER XLVIII PROCEEDINGS IN DISTRICT REGISTRIES 1.I.I. An appeal does not lie. by motion on notice to the other party. In any action the plaintiff wherever resident may issue a writ out of Writs or other any District Registry. or for other sufficient reasons. with payment of any fees. (1) Where a cause or matter is proceeding in a District Registry. Causes or matters commenced in a District Registry shall be instituted as causes or matters in that Registry and shall be serially numbered in that Registry. IX-Ex Parte Orders 25. VIII-Fees Payable 24. and shall be paid to the Registrar or the court below. as the case may be. 3. if it sees fit. No. Any person aggrieved by such an order may apply. from an order made ex parte. all Proceedings to . although such party may not have been formally admitted to sue or defend as a pauper. to the court by which it was made to vary or discharge it. 71 of 1997) any District Registry 2. dispense. The Court or the court below may. (As amended by S. 71 of 1997) Title of causes or matters commenced in a District Registry. except by special leave of the Court or of Ex parte orders the court below. on account of the poverty of any party. decree or order made by the Court certificate in the terms of the certificate. and an appeal lies from the decision on that application in like manner as from other orders or decisions.the latter shall enforce the judgment. No. The fees prescribed in Part 2 of the Second Schedule shall be charged in respect of the matters to which they are respectively assigned. process may be issued out of (As amended by S.

Where the writ of summons issues out of a District Registry and the plaintiff is entitled to enter interlocutory judgment under any of the rules of Order XII. and. be in a District Registry (2) Every final judgment and every order for an account.proceedings. in the same manner as a like judgment or order in an action proceeding in Lusaka would be entered in the Principal Registry. (c) garnishee orders. (As amended by S.I. Where a cause or matter is proceeding in a District Registry. No. shall be recorded in the District Registry including the entry of final judgment. rule 16. shall be entered in the District Registory in the proper book. shall be entered in the District Registry. (d) charging orders nisi. 48 the default of the defendant. all writs of execution for enforcing any judgment or order therein. and all costs shall be taxed in the District Registry. unless the Court or a judge shall otherwise direct.I. No. shall. 71 of 1997) 5.I. or by consent. final judgment. 77 Entry of interlocutory judgment in a District Registry . except where by the Act or by these Rules it is otherwise provided. shall issue from the District Registry. 71 of 1997) 4. Where a cause or matter is proceeding in a District Registry. by reason of O. (As amended by S. (b) examination of judgment debtors for garnishee purposes or under Order XLII. the interlocutory judgment. No. proceedings relating to the following matters: (a) leave to issue or renew writs of execution. and all summonses under the Debtors Act. Cap. when damages shall have been assessed. Proceedings necessary or incidental to judgment Writs of execution. (As amended by S. and (e) interpleader orders. be taken in the District Registry. unless the Court or a Judge shall otherwise order. unless the Court or a judge shall otherwise order. 71 of 1997) 6. or where the cause or matter is proceeding in the District Registry and the plaintiff is entitled to enter interlocutory judgment under any of the rules of Order XX. or the Court or a Judge shall otherwise order.

49 . as court or judge fully as any other officer of the Court. the District Registrar may refer the same to a Judge. No. An appeal shall lie from the decision. Every District Registrar and other officer of a District Registry Control by shall be subject to the orders and directions of the Court or a Judge. Every application to a District Registrar shall be made in the same manner in which applications in chambers are directed to be made by these Rules. No.7. (As amended by S. No. rule 10 of Order XXX shall apply accordingly. 71 of 1997) 9.I. (As amended by S. (As amended by S. order or direction was made or given by the Registrar in that cause or matter. to which the cause or matter is removed in all respects as if the writ of summons or other originating process or the appearance had been originally issued or entered in the Principal Registry or in such District Registry. subject to the same incidents as if the decision. a cause or matter is Address for removed from a District Registry to the Principal Registry or to another service in case District Registry. (As amended by S.I. both within twelve kilometres from the Principal or District Registry.I. and the provisions of these Rules with respect to appeals and. (As amended by S. 71 of 1997) Appeal from a District Registrar 0. and every proceeding in a District Registry shall be subject to the control of the Court or a Judge. as the case may be.I. If any matter appears to the District Registrar proper for a decision Reference to of a Judge. Where under the provisions of the Act. 71 of 1997) 11. 71 of 1997) 10. as the case may be. 71 of 1997) Mode of application 8. the party on whose application the order for removal of removal was made shall give to the other party notice of an address for service and a postal address for service. No. No.I. order or direction of a District Registrar in any cause or matter as provided for under rule 10 of Order XXX in the same circumstance and except as hereinafter provided.48. as fully as a like proceeding in the Principal Registry. in particular. and the judge judge may either dispose of the matter or refer the same back to the District Registrar with such directions as he may think fit.

I. 71 of 1997) Filing in District Registry 13. The forms contained in the First Schedule shall. as far as they are applicable. No. 71 of 1997) 14. and terminate on the Friday before Whit-Sunday. be used in or for the purpose of the District Registries. and the Michaelmas sittings shall commence on the 1st October and terminate on the 10th December. out of District Registry (As amended by S.I. with such variations as circumstances require. Sittings of the Livingstone. (1) The vacations to be observed in the several courts and offices of Vacation in the High Court shall be four in every year.12. the Trinity sittings.I. The Hilary sittings shall commence on 10th January and terminate on Thursday before Easter. that is to Court say. Trinity sittings commence on Tuesday after Whitsun week and terminate on the 22nd August. 309 of 1960) SITTINGS AND VACATIONS 1. Where a cause or matter is proceeding in a District Registry. the Easter sittings shall commence on Monday Easter week. the Easter sittings. (As amended by S. that is to say. The sittings of the Court in Lusaka. 92 of 1988) 2. No affidavit or record of the Court shall be taken out of a District Affidavit. Sittings of Court offices 3. (As amended by S. the Hilary sittings. Ndola. the Easter courts and . all pleadings and other documents required to be filed shall be filed in the District. Registry without the order of a Judge or of the District Registrar. 49 Michealmas sittings. The sittings of the several offices of the Court at the Principal and District Registries shall extend over the whole of the four periods between vacations. (As amended by S. No. 71 of 1997) Forms to be used ORDER XLIX (No. and the O. No. and no not to be taken subpoena for the production of any such document shall be issued.I. Kitwe. etc.. Chipata and Kasama shall be four in every year. Mongu. Kabwe. No.

(4) The Court or a Judge dealing with an application under Order XIII. and such Judge may make an order for the trial or hearing of such cause or matter during the Michaelmas vacation accordingly and fix the date of trial. the Whitsun vacation shall commence on the Saturday before Whit Monday and shall terminate on the Tuesday after Whit Sunday. for the trial or hearing of any such cause or matter during the said Christmas vacation. and the Christmas Vacation shall commence on 11th December and terminate on the 9th January. The Easter vacation shall commence on Good Friday and terminate on Easter Tuesday. (b) Any party to a cause or matter may at any time before the end of the said vacation in any year apply by summons to a judge for any order that the cause or matter shall be tried or heard during that vacation. the Whitsun vacation. 92 of 1988) (3) Any party may at any time after the 17th August in any year and before the close of the Michaelmas vacation in that year apply by summons to a Vacation Judge for the said Michaelmas vacation. and such Judge may make an order for the trial or hearing of such cause or matter during the Christmas vacation accordingly and fix the date of trial: offices. . as the case may be. No. (2) (a) All such applications as required to be immediately or promptly heard shall be heard in vacation by a Vacation Judge.I. or in the absence of such a Judge to a Judge in chambers. for the trial or hearing of any such cause or matter during the said Michaelmas vacation.Vacation. or. and any party may at any time after the 5th December in any year and before the close of the Christmas vacation commencing in that year apply by summons to a Vacation Judge for the said Christmas vacation. the Michaelmas vacation and the Christmas vacation. in the absence of such a Judge. Trial in Michaelmas and Christmas vacations Provided that no order for such trial or hearing shall be made unless the O. the Michaelmas Vacation shall commence on the 8th August and shall terminate on the 6th September. and if the Judge is satisfied that there is urgent need for the trial or hearing to take place in the said vacation he may make an order accordingly and fix a date for the trial or hearing. to a Judge in chambers. (As amended by S. 49 Judge is satisfied that there is urgent need for the trial or hearing of the cause or matter during the Michaelmas or Christmas vacation.

The Chief Justice may. Subject to any order of the Chief Justice. 37 of 1964) 7. matters and other business specified in rule 3 (4).m. 92 of 1988 (As amended by S. matters and other business ordered to be tried or heard during vacation and all causes. Any other Sittings of Vacation Judges . from time to time. 63 of 1964. In default of any appointment of a Vacation Judge for Lusaka or Ndola. No. and S. of all such Judges applications as may require to be immediately or promptly heard.rule 3. may.I. order that the trial shall take place in the said Michaelmas or Christmas vacation and shall refer the matter to the Vacation Judge in chambers. or.I.I. The several offices of the Court in the Principal and District Registries shall be open on every day of the year except on Saturdays. if satisfied that there is urgent need for the trial of the action during the next ensuing Michaelmas or Christmas vacation. Vacation Kitwe. days inclusive 5. the Puisne Judge present thereat who was last appointed a Judge of the Court shall be Vacation Judge.m.I. No. until 12 noon. (5) Revoked by S. as the case may be. as appropriate. No. 92 of 1988) 4. to fix the date of trial. 8. to a Judge in chambers. and from 2 p. No. public holidays and such other days as the Chief Justice may direct in respect of all the offices of the Court or any particular office. Days on which offices are to be closed (S. Kabwe. to 12 noon.. appoint a Vacation Judge Appointment of or Vacation Judges for the hearing in Lusaka Ndola. Sundays.m. the offices of the Court in Office hours the Principal and District Registries shall be open to the public on weekdays. other than Saturdays. to 3 p. (As amended by S. A Vacation Judge may hear and dispose of all causes. 37 of 1964) 6. in the absence of such a Judge. as follows: (a) and (b) during term from 9 a.I No. Mongu and Kasama during vacation. during vacation from 9 a. The days of the commencement and termination of each sitting and First and last vacation shall be included in such sitting and vacation respectively.m. Livingstone.

dwelling-house or last known place of abode a bill of such fees. "practitioner" included barrister. unless the context otherwise requires"fees" include charges and disbursements. No practitioner shall commence any suit for the recovery of any fees Bill to be sent for any business done by him until the expiration of one month after he before suit shall have delivered to the party to be charged therewith or sent by registered letter to or left for him at his office. In the interval between the close of any sittings and the commencement of the next sittings. 2. and vacations ORDER L RECOVERY OF COSTS BY LEGAL PRACTITIONERS 1. In this Order. 50 Prosecution of judgments or orders between sittings 10. Any interval between the sittings of the Court not included in a Interval vacation. be deemed to be a portion of the vacation. Interpretation . such bill either being signed by such practitioner (or. in the case of a partnership.Judge may sit in vacation for any Vacation Judge or where no Vacation Judge has been appointed for Lusaka and other places as the case may be. 9. shall. Advocate or Notary Public. place of business. O. 49. so far as the disposal of business by the Vacation Judges between sittings is concerned. either in his own name or in the name of the partnership) or being enclosed in or accompanied by a letter signed in like manner referring to such bill. Advocate and Notary Public. and the executor. by any of the partners. and in case the prosecution thereof shall not be completed during the interval. the judgments or orders of any Judge may be prosecuted at the chambers of any other Judge by his permission. and whenever a Judge is away from his chambers for any reason. the prosecution may be continued at the chambers of the same Judge if and so far as he shall think fit. administrator and assignee of a barrister.

as in the last preceding rule provided. Party charged may apply to Court or Judge to tax bill Where no application to tax made within one month O. after judgment shall have been obtained in any suit for the recovery of the demand of such practitioner as aforesaid. . it shall be lawful for the Court or a Judge to refer the bill and the demand of the practitioner to be taxed and settled by the taxing master of the Court. upon application made by the party to be charged. and the Court or a Judge shall restrain such practitioner from commencing any suit touching such demand pending such reference. it shall be lawful for such reference as aforesaid to be made. and the Court or a Judge may restrain such practitioner from commencing or prosecuting any suit touching such demand pending such reference. In case no application shall be made within one month. and if such bill. sent or left.3. then such practitioner shall pay such costs. shall not be less by a sixth part than the bill delivered. on any reference as aforesaid. having due notice. Upon the party to be charged applying to the Court or a Judge. when taxed. when taxed. the cost of the reference shall (except as in rule 8 provided) taxation be paid according to the event of such taxation: that is to say. if either the practitioner or the Non-attendance party to be charged. sent or left. or after the expiration of twelve months after any bill as aforesaid shall have been delivered. with such directions and subject to such conditions as the Court or Judge making the reference shall think proper. the party to be charged shall attend Costs of on taxation. the taxing master may proceed to tax and settle the bill and taxation demand ex parte. Upon any reference as aforesaid. No such reference as aforesaid shall be directed. 7. then the party to be charged making such application or so attending shall pay such costs. except under special circumstances to be proved to the satisfaction of the Court or a Judge to which or to whom application for such reference shall be made. if such bill. shall refuse or neglect to attend of party at the taxation. within such month as in the last preceding rule mentioned. either upon the application of the practitioner making the demand. or upon the application of the party to be charged. upon such terms as shall be thought proper. sent or left as aforesaid. 50 When application not to be granted 6. 5. If. be less by a sixth part than the bill delivered. 4.

but it shall be sufficient to prove that a bill for fees signed in the manner provided or enclosed in or accompanied by such letter as provided was duly delivered. in its or his discretion. Provided that(i) the taxing master may certify specially any circumstances relating to such bill or reference. It shall not in any case be necessary in the first instance for any practitioner. may order delivery of bill 12. give any special directions relative to the cost of such reference. 11. sent or left. And it shall be lawful for the Court or a Judge to order that judgment be entered for the amount submitted. and the Court or a Judge may make any such order as it or he may think right respecting the costs of such reference. (ii) where any reference is made under rule 5. Every order to be made for any reference as aforesaid shall direct the Form of order taxing master to certify what shall be found to be due to or from such to be made. It shall be lawful for the Court or a Judge to make an order for the Court or Judge delivery by any practitioner of any bill of fees for business done by him. in proving a compliance with these Rules. or to make such other order therein as the Court or a Judge may deem proper. the taxing master shall submit to the Court or a Judge the taxation result of his taxation. review O. including costs. Proof of compliance with rules 10. Upon the completion of the taxation of any bill referred as Completion of aforesaid. 9. 50. to prove the contents of the bill he may have delivered. It shall be lawful for the Court or a Judge to authorise any Where . and the amount so submitted shall be final and conclusive as to the amount of the bill and costs: Provided that the Court or a Judge may. unless the retainer is disputed. including the Special cases costs of the reference. 51 any such taxation. sent or left.8. practitioner in respect of the bill and demand referred. the Court or a Judge may. if it or he thinks fit.

on proof. that there is probable cause for believing that the party chargeable is about to leave Zambia or to become a bankrupt or to take any other steps or to do any other act which. or (c) engaged in a cause or matter proceeding in the Registry of the Supreme Court of Zambia and has no place of business within ten kilometres of such Registry. and also to refer his bill of fees and the demand of the practitioner thereupon to be taxed and settled by the taxing master of the Court. or (b) engaged in a cause or matter proceeding in a District Registry of the Court and has no place of business within ten kilometres from such District Registry. 52 (hereinafter called an agent) who has a place of business within the said ten kilometres limit from such Registry. 13. 218 of 1944) When agency allowance to be paid 1. District Registry or Registry of .practitioner to commence a suit for the recovery of his fees against the party chargeable therewith. in the opinion of the Court or a Judge. Where a advocate or barrister (hereinafter called a country advocate) is either(a) engaged in a cause or matter proceeding in the Registry of the Court and has no place of business within ten kilo-metres from such Registry. (As amended by No. 218 of 1944) practitioner may begin suit within month of delivery of bill Applications to be by motion ORDER LI AGENCY ALLOWANCE (No. would tend to defeat or delay such practitioner in obtaining judgment. 51. and entrusts such cause or matter to another advocate or barrister O. although one month shall not have expired from the delivery of such bill. to the satisfaction of the Court or a Judge. All applications made under these Rules to refer any bill to be taxed and settled shall be by summons in the matter of the practitioner concerned.

as the case may be. (1) These Rules apply to civil proceedings to which the State Proceedings Act applies and to which the State is a party. 3. 1 1. No advocate or barrister shall under any circumstances give agency allowance to or accept agency allowance from any person who is not admitted to practise in Zambia as a barrister or advocate and who has no bona fide office or place of business therein. (2) In this Order. ORDER LII PROCEEDINGS BY AND AGAINST THE STATE (No. 71 Cap. No allowance except in High Court and SupremeCourt of Zambia No allowance except to practitioners admitted to practise in Zambia 4. subject to the following rules of this Order and without prejudice to any rules made under the Constitution. or in connection with any arbitration to which the State is a party. unless the context otherwise requires"order against the State" means any order (including an order for costs) made in any civil proceedings by or against the State. The agent shall pay or credit to the country advocate in respect of the Amount of profit cost charges of the agent for work entrusted to him as an agent by agency such country advocate one-third of all such profit cost charges except allowance such parts of the same charges as have been earned by appearance as an advocate in Court or in chambers.the Supreme Court of Zambia. No agency allowance shall arise or accrue in respect of conveyancing or subordinate court work or any other business which is not proceeding either in the High Court or the Supreme Court. 396 of 1967) Application and interpretation. Cap. in favour of any person . 2. the agent shall pay or credit to the country advocate such sums by way of agency allowance as are hereinafter mentioned and prescribed.

apply to the plaintiff by notice for a further and better statement containing such information as may be specified in the notice. award or declaration. or (b) by posting it in a prepaid registered envelope addressed to such officer or such legal practitioner at his postal address. the endorsement of claim required by Order VI. at the office of such legal practitioner. the O. (3) Where the Attorney-General has given a notice under this rule. 3. on the application of the plaintiff by summons served not less than seven days before the return day. shall include a statement of the circumstances in which the State's liability is alleged to have arisen and as to the officers concerned. (2) If in civil proceedings against the State the Attorney-General considers that the writ does not contain a sufficient statement as required by this rule. if a legal practitioner is acting for the State in the proceedings. 71 for the purpose of or in connection with any civil proceedings is not requisite.against the State or against a public officer as such. "order" includes a judgment. provided that the time at which the document so posted would be delivered in the ordinary . 2. before the expiration of the time limited for appearing. but where the proceedings are by or against the State. service shall be effected in accordance with the provisions of section thirteen of the State Proceedings Act(a) by leaving the document at the office of the officer of the Attorney-General's Chambers having the conduct of the proceedings or. decided that no further information as to the matters referred to in sub-rule (1) is reasonably required. rule 4. 52 time limited for appearing shall not expire until four days after the Attorney-General has notified the plaintiff in writing that he is satisfied with the statement supplied in compliance with the notice or four days after the Court has. (1) Order X shall not apply in relation to the service of any process by which civil proceedings against the State are begun. (1) In the case of a writ which begins civil proceedings against the State. Service on the State Particulars to be included in the endorsement of claim (2) Personal service of any document required to be served on the State Cap. he may. decree. rule.

7. no counter-claim may be made. or otherwise: Provided that a plaintiff may apply by summons for an order that the proceedings be put into a list kept for the trial of short causes. and the application for the grant of such leave shall be made by summons. or by any person in proceedings by the State. any taxes. rule 3. (2) Leave to issue such a notice shall not be granted unless the Court is satisfied that the Attorney-General is in possession of all such information as he reasonably requires as to the circumstances in which it is alleged that the liability of the State has arisen and as to the officers concerned. duties or penalties. No application against the State shall be made for summary judgment either under Order XIII. by the State in proceedings against the State. by leaving the document at the Attorney-General's Chambers in Lusaka or Ndola. 6. (3) Any application for leave under this rule shall be by summons. (1) A third party notice for service on the State shall not be issued without the leave of the Court. O. 4. without the leave of the Court. or (c) if no such officer has the conduct of the proceedings or if no such legal practitioner is acting.course of post shall be considered as the time of service thereof. and the summons shall be served on the plaintiff and on the Attorney-General. 52 Third party notices Summary judgment . or set-off pleaded. rule 1. (2) Notwithstanding Order XXVIII. (1) Notwithstanding Order XXVIII. 5. rule 3. (1) In any civil proceedings to which the State is a party any order of Discovery and the Court made under the powers conferred by section twenty-five of the interrogatories. a person may not in any Counter-claim proceedings by the State make any counter-claim or plead a set-off if the and set-off proceedings are for the recovery of. or the counter-claim or set-off arises out of a right or claim to repayment in respect of.

in particular. (2) Where in any such proceedings an order of the Court directs that a list of documents made in answer to an order for discovery against the State shall be verified by affidavit.State Proceedings Act shall be construed as not requiring the disclosure Cap. it is hereby declared that any powers exercisable by the Court in regard to the taking of evidence are excercisable in proceedings by or against the State as they are exercisable in proceedings between private persons. 52 Cap. Cap. etc. 8. (3) Where in any such proceedings an order is made under the said section twenty-five for interrogatories to be answered by the State. unless the Court otherwise orders. the Court shall direct by what officer the interrogatories are to be answered. An application under the proviso to subsection (1) of section twenty-one of the State Proceedings Act for a direction that a separate certificate shall be issued under that subsection with respect to the costs (if any) ordered to be paid to the applicant. 71 . Execution and satisfaction of orders. title. 71 of the existence of any document the existence of which it would. be injurious to the public interest to disclose. 0. and the application shall be supported by an affidavit setting out the facts giving rise to it and. identifying the particular debt from the State in respect of which it is made. 71 Attachment of debts. (2) For the avoidance of doubt. the affidavit shall be made by such officer as the Court may direct. 10. (1) Actions against the State to perpetuate the testimony of witnesses Evidence may be instituted in any case in which the State is alleged to have an interest or estate in the honour. may be made to the Court ex parte without summons. 9. dignity or office or property in question. in the opinion of a Minister. Every application to the Court for an order under section twenty-four of the State Proceedings Act restraining any person from receiving money payable to him by the State and directing payment of the money to the applicant or some other person must be made by summons served at least four days before the return day on the Attorney-General and. on the person to be restrained or his legal practitioner.

) Notice Limiting Defence. 9. 8. 1. r. (O. 26 (2) of the State Proceedings Act.) Summons to a Witness.) Specially Endorsed Writ for District Registry. (S. (O. or may be made at the trial of the proceedings. 21. r. 16. r. 3.) Search. 25. 19. Rules 2 and 6. (O. Summons (General Form). (O. General Title of Writs and Other Documents in a Suit. r. r. (S.) Specially Endorsed Writ for Principal Registry.) Certificate of Service. 20. 11. 19. r. (S.) Originating Notice of Motion. (O. 71 FIRST SCHEDULE (O. 42. r. 27 of the Act. 10. 10. rs. 9. 1. 2.) Memorandum of Appearance. 20. 2. 27 of the Act. 13. 1 .) Writ of Summons for District Registry. 2. Debit and Advice Note.) Summons for Directions. 10. 6. 2. r. 6. 6. r. An application such as is referred to in section twenty-six (2) of the Applications State Proceedings Act may be made to the Court at any time before trial under section by motion or summons. 8.11. 2. Summons under Order XIII. (O. (O. (O. r. 18. (O. 1. r.) Notice of Service on Manager of Partnership. 2.) Originating Summons for Principal Registry. 6. 26. (O. r.) Originating Summons not Inter Partes for District Registry. 6. 20. 6. r. 7. 24. r. 252 of 1968) LIST OF FORMS 1. 23. 2. 11.) Originating Summons not Inter Partes for Principal Registry. (O. 12. 15.) Subpoena Duces Tecum.) Praecipe of Renewed Writ of Summons. 10. 6. 4. r. 27 of the Act. 2. (O. 22. 13. 7. r.) Originating Summons for District Registry. 6. Cap. 2 and 6. 14. 6. (O. 2. r.) Affidavit of Service. r. 2) (No. 6. (O. r. 6.) Sch. 17. 2. 2. 11. (O.) Notice of Payment into Court. 6.) Praecipe of Subpoena. 11. (O. 5. (O. (O.) Originating Summons Under Order VI. (O. Writ of Summons for Principal Registry.

11) Mediation Settlement (O. 4. Warrant for Prisoner to Give Evidence. 42. 1. 51. Referral Order (O. (O. (S. r. Writ of Fieri Facias. 42. r. 4. Praecipe of Fieri Facias. 31. 10. 10.) Request to Search Judgments Register or Judgments Section of the Civil Causes Register. 12) Warrant to Attach Property before Judgment. (Individual Search. 39. 42.) Notice of Non-employment of Defendant. 9) Mediator's Report (O. 28. 8. (O.) Attachment of Earnings Order.) Notice of Hearing.) Warrant of Attachment. 1. 4. (O. r. r. 50. r. 38.) Permit for General Searches in Judgments Registers (against Unspecified Number of Names). 28D. 1. 1. (O.) Judgment (Default of Appearance). 9. r. (O.) Request and Authority to Under-Sheriff.) Return to Elegit. 1.) Fee Sheet (Probate). (O. 42. Formal Decree. 29. 36.) Notice of Intention to Vary Attachment of Earnings Order. 31. (Sch. 38. 4. r. r. 53. (O. 23. 42. r. (O. 42.) Judgment (Default of Defence). 37. r. r. 37. r. 38. 45. 26.) Praecipe of Elegit (or Re-Elegit). r. 37. Part 4. 1. 31. 35. 42. (O. r. r. (O. 30 of the Act. 42.) Writ of Re-Elegit. 47.) Elegit for the Residue after a Fieri Facias. 4) Statement of Understanding: The Role of the Mediator (O.) Bond for Costs on Appeal. 37. 41. r.) Order (General Form). r. 47. Certificate after Trial. 28C.) Application for Permit for General Searches in Judgments Registers (against Unspecified Number of Names). 38.) . 32. (O. r. r. 28A. (O. (O. 31. (O. Warrant of Arrest and Commitment. 7. r. (O. 1. 44.) (O. 20. (O. r. 31. 48. 1. 46. 49. 3. 52. 30. 40. 34. 36.27. 12. (Walking Possession. 28B.) Writ of Elegit. r. 33.) (O. 2. 43. (O.) Certificate of Service of Foreign Process.

...... If it is a debenture holder's action the writ must be headed In the matter of the company'.....C.... In actions commenced in the Ndola................... (c) (d) . HL or HK respectively.................. Civ..... Defendant or In the matter of: (d) NOTES: (a) (b) (c) Here insert description of document. In an action commenced in the Principal Registry at Lusaka the letters shall be HP......B. DISTRICT REGISTRY) (b) 19 ........ and ................H.................. Livingstone or Kitwe District Registry respectively the letters shall be HN. IN THE HIGH COURT FOR ZAMBIA (AT THE Between Plaintiff ....... H ...B.... Delete if inapplicable..... If the action is for administration the writ must be headed In the matter of the Estate of A.... deceased'.... No ................ deceased'..... Here put in the year....... 1 GENERAL TITLE OF WRITS AND OTHER DOCUMENTS IN A SUIT Republic of Zambia (a)........................ A Writ of Summons claiming administration of a trust or settlement may be entitled 'In the matter of the (trust or settlement)'.. and in a Probate action (not District Registry) In the Estate of A............ letters and number..

The forms. P. enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. 19 .H. High Court for Zambia. The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by Advocate at the Principal Registry.C. and not afterwards. if he desire. so as to reach him within the time stated above. Lusaka'. Civ. Box 50067. A defendant appearing personally may. 2 REPUBLIC OF ZAMBIA WRIT OF SUMMONS (For issue from the Principal Registry) (General Title) To of You are commanded in the President's name that within days after the service of this writ on you. Advocate for the said plaintiff who resides at † This on the defendant of ENDORSEMENTS TO BE MADE WITHIN THREE DAYS AFTER SERVICE writ was served by on the . ENDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF (2) (3) The plaintiff's claim is for This writ was issued by of* whose address for service is at and whose postal address for service is at agent for of . when completed. inclusive of the day of such service. within six calendar months from the date of the last renewal. should be sent in triplicate by registered letter addressed to The Registrar. if renewed. or. day me at (Signed) (Address) . you do cause an appearance to be entered for you in an action at the suit of . and judgment may be given in your absence. Lusaka. and take notice that in default of your so doing the plaintiff may proceed therein. including the day of such date. Witness The Honourable Chief Justice of Zambia Dated the of Our Lord One Thousand Nine Hundred and day of in the year MEMORANDUM TO BE SUBSCRIBED ON THE WRIT Notes: (1) This writ is to be served within twelve calendar months from the date thereof.O.

* Here insert both actual and postal addresses. 174 of 1990) . No 105 of 1986 and S. † Mention the city or town and also the name of the street and number of the house of the plaintiff's residence. if any. No. (As amended by SI.I.

1 therein. The forms. day of 19 . if he desire. within six calendar months from the date of the last renewal. on the day . or. and judgment may be given in your absence. and not afterwards. including the day of such date. Civ. and take notice that in default of your so doing the plaintiff may proceed Sch. A defendant appearing personally may. if renewed. Advocate for the said plaintiff who resides at † ENDORSEMENT TO BE MADE WITHIN THREE DAYS AFTER SERVICE This writ was served by me at on the defendant of Endorsed the . when completed. 19 .C. inclusive of the day of such service. ENDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF The plaintiff's claim is for This writ was issued by whose address for service and whose postal address agent for of* is at for service is at of . enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. Witness The Honourable Chief Justice of Zambia Dated the day of in the year of Our Lord One Thousand Nine Hundred and. so as to reach him within the time stated above. 3 REPUBLIC OF ZAMBIA WRIT OF SUMMONS (For issue from a District Registry) (General Title) To of You are commanded in the President's name that within days after the service of this writ on you. (2) (3) The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by Advocate at the above-mentioned District Registry of the High Court for Zambia. MEMORANDUM TO BE SUBSCRIBED ON THE WRIT Notes: (1) This writ is to be served within twelve calendar months from the date thereof. you do cause an appearance to be entered for you in an action at the suit of . should then be sent in triplicate by registered letter addressed to the District Registrar.H.

if any.(Signed) (Address) * Here insert both actual and postal addresses. † Mention the city or town and also the name of the street and number of the house of the plaintiff's residence. .

If the amount claimed be paid to the plaintiff or his Advocate or agent within the time allowed above for entering an appearance to this writ. Lusaka... you do cause an appearance to be entered for you in an action at the suit of . including the day of such date. his Advocate or agent. 1 after the service of this writ on you.... and take notice that in default of your so doing the plaintiff may proceed therein.. P.. should be sent in triplicate by registered letter addressed to The Registrar....REPUBLIC OF ZAMBIA SPECIALLY ENDORSED WRIT (For issue from the Principal Registry) (General Title) To of You are commanded in the President's name that within days H... proceedings will only be stayed if the amount claimed is paid into Court within the said time and notice of such payment is given to the plaintiff... if he desire............... and not afterwards. Civ. the further sum of K (or such sum as may be allowed on taxation).. SPECIAL ENDORSEMENT Statement of Claim The plaintiff's claim is PARTICULARS (Signed) . inclusive of the day of such service. High Court for Zambia.... and judgment may be given in your absence. Advocate for the agent for said plaintiff who resides at † ENDORSEMENT TO BE MADE WITHIN THREE DAYS AFTER SERVICE .C....O... within six calendar months from the date of the last renewal.. A defendant appearing personally may.... enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office..... 4 Sch.. Witness The Honourable Chief Justice of Zambia Dated the day of of Our Lord One Thousand Nine Hundred and in the year MEMORANDUM TO BE SUBSCRIBED ON THE WRIT Notes: (1) (2) (3) This writ is to be served within twelve calendar months from the date thereof. The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by Advocate at the Principal Registry.. Box 50067. further proceedings will be stayed.... The forms.. Lusaka.. of* This writ was issued by whose address for service is at and whose postal address for service is at of .. in case the plaintiff obtains an order for substituted service.. and also.... so as to reach him within the time stated above.. Provided that if it appears from the endorsement of the writ that the plaintiff is resident outside the Republic or is acting by order or on behalf of a person so resident........ if renewed... when completed..... And the sum of K and for each kilometre (if any) (or such sum as may be allowed on taxation) for costs.. or.

† Mention the city or town and also the name of the street and number of the house of the plaintiff's residence. (As amended by S.I. 19 on the day (Signed) (Address) * Here insert both actual and postal addresses. 71 of 1997) .I No.This writ was served by me at on the defendant of Endorsed the day of . 105 of 1986 and S. No. if any. 19 .

The forms....... and also..... including the day of such date. you do cause an appearance to be entered for you in an action at the suit of .. Lusaka. If the amount claimed be paid to the plaintiff or his Advocate or agent within the time allowed above for entering an appearance to this writ. enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office..... 5 REPUBLIC OF ZAMBIA SPECIALLY ENDORSED WRIT (For issue from a District Registry) (General Title) To of You are commanded in the President's name that within days after the service of this writ on you. A defendant appearing personally may... if he desire. Box so as to reach him within the time stated above. And the sum of K and for each kilometre (if any) (or such sum as may be allowed on taxation) for costs....H... SPECIAL ENDORSEMENT Statement of Claim The plaintiff's claim is PARTICULARS (Signed) .....C.... in case the plaintiff obtains an order for substituted service. inclusive of the day of such service..... further proceedings will be stayed.. Civ.. the further sum of K (or such sum as may be allowed on taxation).. when completed.. Provided that if it appears from the endorsement of the writ that the plaintiff is resident outside the Republic or is acting by order or on behalf of a person so resident.. should then be sent in triplicate by registered letter addressed to the District Registrar...O.. 1 MEMORANDUM TO BE SUBSCRIBED ON THE WRIT NOTES: (1) (2) (3) This writ is to be served within twelve calendar months from the date thereof..... and take notice that in default of your so doing the plaintiff may proceed therein. and judgment may be given in your absence.. or. and not afterwards... P.. proceedings will only be stayed if the amount claimed is paid into Court within the said time and notice of such payment is given to the plaintiff... The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by Advocate at the above-mentioned District Registry of the High Court for Zambia.. if renewed. Witness The Honourable Chief Justice of Zambia Dated the of Our Lord One Thousand Nine Hundred and day of in the year Sch.... his Advocate or agent........ This writ was issued by whose address for service and whose postal address agent for the for of* is at for service is a of .......... Advocate said plaintiff who resides at† ENDORSEMENT TO BE MADE WITHIN THREE DAYS AFTER SERVICE . within six calendar months from the date of the last renewal...

† Mention the city or town and also the name of the street and number of the house of the plaintiff's residence. if any. 19 day of on the day 19 . * Here insert both actual and postal addresses.This writ was served by me at on the defendant of Endorsed the (Signed) (Address) . .

for the The defendant may appear hereto by entering appearance either personally or by Advocate at the Principal Registry. if he desire. 1 days after service of this summons on him. P. High Court for Zambia. 105 of 1986) .REPUBLIC OF ZAMBIA ORIGINATING SUMMONS (For issue from the Principal Registry) (General Title) Let of within H. No. The forms. cause an appearance to be entered for him to this summons. when completed. so as to reach him within the time stated above. (As amended by S. Lusaka.I. † State the questions. Box 50067.O. and whose . should be sent in triplicate by registered letter addressed to The Registrar. NOTES: (1) (2) If the defendant does not enter appearance within the time and at the place above mentioned such order will be made and proceedings may be taken as the Judge may think just and expedient. Lusaka. enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. * State the nature of the claim.C. which is issued on the application of for the determination of the following questions:† of who claims to be* Dated the This summons was taken out by of ‡ whose address for service is at postal address for service is at plaintiff who resides at . ‡ Here insert both actual and postal addresses. inclusive of the day of such service. 6 Sch. A person appearing personally may. Civ. Advocate day of 19 .

when completed. † State the questions. NOTES: (1) If the defendant does not enter appearance within the time and at the place above mentioned. should then be sent in triplicate by registered letter addressed to the District Registrar. such order will be made and roceedings may be taken as the Judge may think just and expedient. Advocate for the day of 19 . 7 REPUBLIC OF ZAMBIA ORIGINATING SUMMONS (For issue from a District Registry) (General Title) Let of within days after service of this summons on him. . enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. if he desire. which is issued on the application of who claims to be* for the determination of the following questions:† of Dated the This summons was taken out by of‡ whose address for service is at postal address for service is at plaintiff who resides at and whose . * State the nature of the claim. ‡ Here insert both actual and postal addresses.O. The defendant may appear hereto by entering appearance either personally or by Advocate at the above-mentioned District Registry of the High Court for Zambia. P.C. inclusive of the day of such service. (2) A person appearing personally may.H. Box so as to reach him within the time stated above. The forms. Civ. cause an appearance to be entered for him to this summons.

...REPUBLIC OF ZAMBIA ORIGINATING SUMMONS NOT INTER PARTES (For issue from the Principal Registry) IN THE HIGH COURT FOR ZAMBIA 19. HP.O.. High Court for Zambia... 8 Sch. No.. Box 50067 Lusaka". (2) A person appearing personally may.. if he desire. P. ‡ Here insert both actual and postal addresses. 105 of 1986) † .. cause an appearance to be entered for him to this summons... so as to reach him within the time stated above. should be sent in triplicate by registered letter addressed to "The Registrar. enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office.. such order will be made and proceedings taken as the Judge may think just and expedient. State the object of the application.C.I... NOTES: (1) If the respondent does not enter appearance within the time and at the place above mentioned. (As amended by S. The forms... * Specify statute or as the case may be. No.. Civ... Advocate day of 19 . and whose .. which is issued upon the application of of for an order that† Dated the This summons was taken out by of‡ whose address for service is at postal address for service is at above named. In the matter of In the matter of* LET of within days of the service of this summons on him. Lusaka... 1 for the The respondent may appear hereto by entering appearance either personally or by Advocate at the Principal Registry. inclusive of the day of such service. when completed.. H..

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so as to reach him within the time stated above. This summons was taken out by of‡ whose address for service is at postal address for service is at..... No.. P. H..... .. The forms.C. cause an appearance to be entered for him to this summons.. (2) A person appearing personally may. inclusive of the day of such service... enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. 9 REPUBLIC OF ZAMBIA ORIGINATING SUMMONS NOT INTER PARTES (For issue from a District Registry) IN THE HIGH COURT FOR ZAMBIA AT THE DISTRICT REGISTRY 19.O. which is issued upon the application of of for an order that† Dated the day of 19 . †State the object of the application. 1 for the The respondent may appear hereto by entering appearance either personally or by Advocate at the above-mentioned District Registry of the High Court for Zambia. above named... such order will be made and proceedings taken as the Judge may think just and expedient. Box .... NOTES: (1 If the respondent does not enter appearance within the time and at the place above mentioned. * Specify statute or as the case may be. In the matter of In the matter of* LET of within days of the service of this summons on him. ‡ Here insert both actual and postal addresses..... at and whose Advocate Sch. should then be sent in triplicate by registered letter addressed to The District Registrar. if he desire..H.. Civ.. when completed..

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10 Sch. No. or by your Advocate. such order will be made and proceedings taken as the Judge may think just and expedient.. Civ. but if you do not attend either in person. *Delete if inapplicable..... No. ** Here insert both actual and postal addresses. 71 of 1997) DISTRICT .. † As the case may be. ‡ State relief sought.... RULES 2 AND 6 IN THE HIGH COURT FOR ZAMBIA (AT THE REGISTRY*) 19.... In the matter of† LET of attend before in Chambers at the High Court. on the day of 19 .... (As amended by S. This summons was taken out by of** whose address for service is at and whose postal address for service is at .I.. on the hearing of an application on the part of for‡ Dated the day of 19 .... at the time and place above mentioned. Advocate for the above named. NOTE: It will not be necessary for you to enter an appearance... at o'clock in the noon.H..... 1 REPUBLIC OF ZAMBIA ORIGINATING SUMMONS UNDER ORDER VI. H..C..

at the time and at the place above mentioned.. In the matter of and In the matter of† BETWEEN Applicant and Respondent DISTRICT Sch.. † Specify statute. Delete if inapplicable........... such order will be made and proceedings taken as the Court may think just and expedient.. NOTE: It will not be necessary for you to enter an appearance but if you do not attend either in person or by your Advocate..... . or so soon thereafter as counsel can be heard..... This notice of motion is filed by the applicant who resides at (Or This notice of motion is filed by of whose address for service is .......H.... No........... Civ. if any.. Advocate for the applicant... H..C... by the above-named applicant for an order that and that the costs of this application be Dated at (Advocate for the Applicant) the day of 19 ... 1 TAKE NOTICE that the High Court for Zambia will be moved at on the day of 19 at o'clock in the noon... 11 REPUBLIC OF ZAMBIA ORIGINATING NOTICE OF MOTION IN THE HIGH COURT FOR ZAMBIA (AT THE REGISTRY*) 19... who resides at To ..

. endorsed as follows:* Dated the day of (Signed) (Address) (Advocate for the Plaintiff) * Copy original writ and the endorsements.REPUBLIC OF ZAMBIA PRAECIPE OF RENEWED WRIT OF SUMMONS (General Title) H.C. 19 . Civ. 12 Sch. 1 SEAL in pursuance of order dated the day of 19 a renewed writ of summons in this action.

Under-Sheriff/Bailiff † If the person served with the writ is served in the two capacities of manager and partner. If he is served as manager only it should be struck out. Civ. †Delete if inapplicable.C.H. . 13 REPUBLIC OF ZAMBIA NOTICE OF SERVICE ON MANAGER OF PARTNERSHIP (General Title) TAKE NOTICE that the writ served herewith is served on you as the person having control or management of the partnership business of the above-named defendant firm of (and also as a partner in the said firm *). the clause should be left standing.

personally serve .REPUBLIC OF ZAMBIA CERTIFICATE OF SERVICE (General Title) I. (a) of do hereby certify and say as follows: 1. a partner of (iv) being the principal place of business of the above-named defendant partnership within the jurisdiction of this Honourable Court. That I am (b) duly appointed for the District of within the jurisdiction of this Honourable Court. 1 . (f) That I did on the day of 19 . at (d ) (e) (i) personally serve day of H. (ii) personally serve. Civ. [2.] or [2. the proprietor of the above-named defendant firm of (iii) personally serve the above-named defendant firm of .C. (c) (f) That I did on the 19. the person having at the time of such service the control or management of the said partnership business there (see paragraph 5 below). 14 Sch. or (v) with a true copy of the writ of summons in this action which appeared to me to have been regularly issued out of the High Court for Zambia (at the District Registry (f)) against the above-named defendant (or defendants) at the suit of the above-named plaintiff (or plaintiffs) and which was dated the the suit of the above-named plaintiff (or plaintiffs) and which was dated the day of 19 . the above-named defendant. serve the above-named defendant with a true copy of the writ .

... That I did on the day of 19 .................................. (f) That I did at the time of the said service deliver to the person so served as aforesaid a notice in writing that the said writ of summons was served upon him as the person having control or management of the partnership business of the said defendant firm.. Dated the 19 .... Advocate(s) for the ....... Address of registered office. 2 for service on limited company.. Title........ Place of service-full address should be given... 5. .g...... Under-Sheriff or Bailiff..] 3......... e........ (f) (g) Delete if inapplicable... by leaving the same at (g) ............ That at the time of the said service the writ and the copy thereof were subscribed and endorsed in the manner and form prescribed by the Rules of the said Court. interlineations or alterations should be initialed immediately opposite the erasure.......... Use alternative para......... .. (a) (b) (c) (d) Full name and address of officer.. which is the registered office of the defendant company... ......... endorse on the said writ the day of the month and the week of the said service.......of summons in this action.. interlineation or alteration..... ... which appeared to me to have been regularly issued out of the High Court for Zambia (at the District Registry (f)) against the above-named defendant at the suit of the above-named plaintiff (or plaintiffs) and which was dated the day of 19 . These are the examples most commonly met...... Under-Sheriff/Bailiff This certificate was filed by: ... (e) Delete whichever inapplicable.. day of NOTES: All erasures....... 4.

That I am (b) [2. serve the above-named defendant with a true copy of the writ of summons in this action. the person having at the time of such service the control or management of the said partnership business there (see paragraph 5 below). That I did on the 19 .] [2.H. a partner of the above-named defendant firm of . (a) of hereby make oath and say as follows: 1. 1 . at (d) (e) (i) personally serve defendant. (iii) personally serve. (ii) personally serve. (c) (f). (iv) being the principal place of business of the above-named defendant partnership within the jurisdiction of this Honourable Court. personally serve . the above-named Sch. or (v) with a true copy of the writ of summons in this action which appeared to me to have been regularly issued out of the High Court for Zambia (at the District Registry (f)) against the above-named defendant (or defendants) at the suit of the above-named plaintiff (or plaintiffs) and which was dated the day of 19 . the proprietor of the abovenamed defendant firm of. (by leaving the same at (g) day of . which appeared to me to have been regularly issued out of the High Court for Zambia (at the District Registry (f)) against the above-named defendant at the suit of the above-named plaintiff (or plaintiffs) and which was dated the day of 19 . CIV.C. (f) That I did on the day of 19 . 15 REPUBLIC OF ZAMBIA AFFIDAVIT OF SERVICE (General Title) I.

e.] 3. (a) (b) (c) (d) (e) (f) (g) Full name and address of deponent. interlineations or alterations should be initialed by the Commissioner immediately opposite the erasure.. Delete whichever inapplicable. ..... in a prepaid letter or envelope addressed to the company at (f) (g).] SWORN by the said at on the day of 19 .) which is the registered office of the defendant company... Delete if inapplicable..... Use alternative para.. endorse on the said writ the day of the month and the week of the said service......... BEFORE ME Commissioner for Oaths NOTES: All erasures.. Profession or occupation and nationality........g... (f) That I did at the time of the said service deliver to the person so served as aforesaid a notice in writing that the said writ of summons was served upon him as the person having control or management of the partnership business of the said defendant firm..y. 2 for service on limited company......) or (by sending the same by post on the day of 19 .. That I did on the day of 19 . Clerk in the employ of x.. [5..... 4. interlineation or alteration... These are the examples most commonly met. } . Place of service-full address should be given.... Address of registered office.... That at the time of the said service the writ and the copy thereof were subscribed and endorsed in the manner and form prescribed by the Rules of the said Court.. Advocate and Barrister...

.. . .H.. Box No... . Commission . REPUBLIC OF ZAMBIA DEBIT AND ADVICE NOTE (For use by the Sheriff and his Officers) In the Court In the matter between Plaintiff and Defendant Sch. be made:**** Advertising . .... ..... . .. . . ... (Signed) (Name) (Address) c.. . .. 1 *SERVICE ONLY The Sheriff does not require a copy *Service of the Writ/Summons/ Judgment Summons/Notice/ : *EXECUTION ONLY A copy must be sent to the Sheriff K n . (Date) * Delete whichever inapplicable... The Court named in the Heading. Civ. . K n Service (only if effected) Total kilometres (if appropriate) _____ Total . .. person served and capacity. Civ.... K *(a) was effected:† *(b) has failed:‡ _____ *Seizure/Arrest .. .C... .c. . .... . K _____ To the Advocates for the Plaintiff: Messrs (Address) P... Total . Haulage.. and a further attempt will Auctioneer .... † Insert date and place of service. . Total kilometres (if appropriate) ... kindly forward them immediately.. .C..... 12 Civil Cause No. *(c) has not yet been effected Labour . .. .. 16 S..O. DETAILS OF REPORT OR RETURN: The following fees are due from and owing by you in respect thereof..

‡ Set out reasons with particulars and dates. (As amended by S. No.I. 105 of 1986) .

.H. Civ. kwacha . † Plaintiff or Defendant. 1 { the said† (i) or (ii) from of being in respect of *a resident outside the Republic.C. 593). being the amount of K due to* Sch. (Signed) (Advocate __________ for † RECEIPT Received the above sum of ngwee into Court for the above credit. *a person acting by order or on behalf of a person resident outside the Republic. K Dated the day of 19 Assistant Registrar * Delete as required . less* Dated the together with* } day of the sum of K 19 . costs. 17 REPUBLIC OF ZAMBIA NOTICE OF PAYMENT INTO COURT (General Title) TAKE NOTICE that the sum of K has been paid into Court pursuant to Rules of Court and the Exchange Control Regulations (Cap.

Dated at the PART A (This Part is only for use where a defendant desires to appear without a Advocate.. DIRECTIONS FOR THE GUIDANCE OF DEFENDANTS IN PERSON WHO DESIRE TO ENTER APPEARANCE Sch.... PART B (This Part is only for use where a defendant appears by Advocate.....) (Signed).. I give the following as an address within ten kilometres thereof at which documents can be left for me....H....... * As my postal address is more than ten kilometres from the Registry concerned....... 1 ... My residential address is My postal address is Defendant in person * As my residential address is more than ten kilometres from the Registry concerned.. I give the following as a postal address within ten kilometes thereof to which documents may be posted to me: day of 19 .C.. Civ..) (Signed Advocate for Business address Postal address whose address for service is * whose postal address for service is * Agents for of * Delete if inapplicable... 18 REPUBLIC OF ZAMBIA MEMORANDUM OF APPEARANCE (General Title) Enter an appearance for (full names) in this action.

Observe that if a defendant is sued in the firm name. as an appearance in the name of a firm cannot be accepted. e. Fill in the full title and number of the action by copying the heading from the writ served on you. e. (The address at or to which to deliver or send the memorandum is on the writ. Attend in person at the Registry or District Registry in which the action is proceeding and deliver both copies to the Registry Officer.g. Further. XI. a limited company can only appear by Advocate. or the plaintiff if he is suing in person. Complete the information required in and sign Part A. appearance must be in the name of the partner or partners so appearing. r. 3. Section Y. a limited company can only appear by Advocate. XI. The Memorandum of Appearance must be completed in duplicate. Personal Appearance by Post 1. Delete Part B. r. 3. Section Y below should be followed where a defendant wishes to appear by post. 2. 1. The appearance should be entered within the time stated for so doing on the writ and if not so entered the plaintiff will be entitled to proceed by default and judgment may be given without further notice to you. Personal Appearance by a Defendant 1. Further.) (O. The Memorandum of Appearance must be completed in triplicate. appearance must be in the name of the partner or partners so appearing. Insert your full name in the blank space provided after the words "Enter an appearance for". (O. 7. 5. On the same day as appearance is entered. XI.) 2.g. r. deliver or send by post to the plaintiff's Advocate. (O. as an appearance in the name of a firm cannot be accepted. Smith and Co. Observe that if a defendant is sued in the firm name. ..Section X below should be followed where a defendant intends to attend himself at the Registry.) 8. Smith and Co. 6. Fill in the full title and number of the action by copying the heading from the writ served on you. Insert your full name in the blank space provided after the words "Enter an appearance for". Date the forms. 4. the duplicate memorandum returned to you by the Registry Officer. Section X. 3 (1)..) 2.

when completed.) 7. then appearance cannot be entered and the action may proceed as in 7 above. The time for appearance cannot be extended . (O. __________ If you do not employ a Advocate you are advised to refer to Order XI of the High Court Rules for all requirements relating to the entry of appearance. . 2. XI. at the same time enclosing two stamped addressed envelopes. Delete Part B. r. or to the plaintiff if he sues in person. at the postal address shown on the document served on you and the other to yourself at your postal address for service. one to the plaintiff's Advocates. The forms must be posted so as to be delivered at the Registry or District Registry concerned before the time allowed for appearance (as shown on the first page of the writ) has expired. Date the forms. without fee by prepaid registered post to the address stated in Note 3 on the front page of the writ (Note 2 in the case of an originating summons). Send all three copies. the plaintiff will be entitled to proceed by default and judgment may be given without further notice to you. 8. are incorrect or incomplete. If the forms. 6. 5. when received.4. Complete the information required in and sign Part A. If the forms are not so delivered.

Sch.H. * Describe the part. To The plaintiff's Advocates. to * Dated the day of (Signed) of Agent for of Advocate for the above-named defendant. 19 .C. Civ. 1 . 19 REPUBLIC OF ZAMBIA NOTICE LIMITING DEFENCE (General Title) TAKE NOTICE that the (above-named) defendant limits his defence to part only of the property mentioned in the writ of summons. namely.

H. 20 REPUBLIC OF ZAMBIA SEARCH (General Title) SEARCH FOR Dated the day of (Signed) (Address) Agent for Advocate for (As amended by S. .C. 71 of 1997) 19 . Civ.I. No.

C. This Summons was taken out by of Advocate(s) for the To of and to his Advocate(s). 21 REPUBLIC OF ZAMBIA SUMMONS (GENERAL FORM) (General Title) Let all parties concerned attend before in Chambers. on the day of 19 o'clock in the noon on the hearing of an application on the part of at Dated at this day of 19 . .H. Civ.

22 REPUBLIC OF ZAMBIA SUMMONS UNDER ORDER XIII (General Title) UPON READING the affidavit of let all parties concerned attend the Deputy/District/Registrar in Chambers. Civ. . on the day of 19 at o'clock in the noon on the hearing of an application on the part of the plaintiff that he be at liberty to sign final judgment against for and costs.C. Dated the day of To 19 .H.

C. To the defendant(s) and to Sch. Dated at the by his (their) Advocate(s). 23 REPUBLIC OF ZAMBIA SUMMONS FOR DIRECTIONS (General Title) Let all parties concerned attend the Assistant/Deputy/District/Registrar in Chambers. on the day of 19 at o'clock in the noon on the hearing of an application on the part of to show cause why an order for directions should not be made in this action as follows: Pleadings Discovery Inspection Setting down for trial Place of trial Mode of trial Liberty to either party to apply That the costs of this application be costs in the cause.H. 1 . day of This summons was taken out at Advocate for the plaintiff. Civ.

returnable 19 .C. . Civ. 24 REPUBLIC OF ZAMBIA PRAECIPE OF SUBPOENA (General Title) Seal a writ of subpoena directed to Dated the (Signed) (Address) Advocate for day of on behalf of the .H.

. 25 REPUBLIC OF ZAMBIA SUMMONS TO A WITNESS (Subpoena ad Testificandum) (General Title) To You are commanded in the President's name to attend before the High Court for Zambia at on the day of 19 at the hour of in the noon and so from day to day until the above cause is tried. to give evidence on behalf of the plaintiff (or defendant). Civ. WITNESS The Honourable Chief Justice of Zambia Dated the in the year of Our Lord One Thousand Nine Hundred and day of Notice (strike out if inapplicable): Notice will be given to you of the day on which your attendance will be required.H.C.

Civ. to give evidence on behalf of the plaintiff (or defendant) and also to bring with you and produce at the time and place aforesaid WITNESS The Honourable Dated the in the year of Our Lord One Thousand Nine Hundred and Chief Justice of Zambia day of Sch. 26 REPUBLIC OF ZAMBIA SUBPOENA DUCES TECUM (General Title) To You are commanded in the President's name to attend before the High Court for Zambia at on the day of 19 at the hour of in the noon and so from day to day until the above cause is tried.C.H. 1 .

to give evidence in the above-named cause. Civ. before the High Court for Zambia at on the day of next at o'clock in the noon.a prisoner under your custody. Issued at of Chief Justice/Judge the 19 day . and immediately after he has there and then given his evidence to return.C. 27 REPUBLIC OF ZAMBIA WARRANT FOR PRISONER TO GIVE EVIDENCE (General Title) To the Officer in Charge of the Prison at You are commanded to have .H.

................. day of ..................... No.. ............................................. c................/Co-Respondent Advocates for ..... Civ.H..........c.. at the hour of .. Judge Court No............................ o'clock in the ......... the ........ 28 REPUBLIC OF ZAMBIA IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19....C................. day of ......... ..................................... 19 ..... to: Notice Board Assistant Registrar File NOTE: This form should be used whenever a date is fixed other than by a Summons or by Mention or by adjournment the date of which is mentioned in open court..... H............ *Delete if inapplicable......... Dated the .. Deputy Assista nt Registr ar To: Advocates for Plaintiff/Petitioner/Applicant Advocates for Defendant/Respondent Advocates for ........ NOTICE OF HEARING TAKE NOTICE that the above cause will be heard and determined by the High Court for Zambia at on ..... BETWEEN Plaintiff/Petitioner/Applicant and Defendant/Respondent and /Co-Respondent and .... 19.... noon.................

I. No.(As amended by S. 71of 1997) .

................................ Trial Judge (As amended by S..... No..0... Dated the of .................I............................ 1 ...........REFERRAL ORDER ..... Failure to do so will amount to contempt of Court...... BETWEEN: PLAINTIFF(S) DEFENDANT(S) To: THE MEDIATION OFFICER Having satisfied myself that this action is ready for trial I hereby refer it for mediation......XXX1 r4 (Order XXX1 Rule 4) FORM 28A Cause No..... IN THE HIGH COURT FOR ZAMBIA Holden at............. Please assign a mediator to mediate and ensure that the mediator collects the record from your office immediately..... day / / Sch...... 71of 1997) ...

............................................................................................. No..... I.......................... binding upon all parties to the agreement....... If a settlement is reached.. Mediator (As amended by S............I......... I wil an advocate for any party...... Plaintiff(s) .................... when signed... the mediator testify against party..... This mediation is strictly confidential............................................ the agreement shall be reduced to writing and......... ............................ nor ask me or the other party to testify regarding statements made in mediation......................... IN THE HIGH COURT FOR ZAMBIA Holden at............................. I have been assigned to mediate your case................................... 71of 1997) . Date ........ No party shall be bound by anything said or done in mediation unle settlement is reached.......................... Please sign below to acknowledge that you have read and/or understand this statement.............XXX1 r 9 FORM 28B Cause No.. Defendant's Advocate .... Plaintiff's Advocate ......... Defendant(s) .............................................................. BETWEEN: PLAINTIFF(S) DEFENDANT(S) / / My name is............... I will serve as a neutral party to help you resolve you dispute.....STATEMENT OF UNDERSTANDING: THE ROLE OF THE MEDIATOR 0......................................... Each party agrees not to request that.....

.................. Mediator's Signature (As amended by S........ Dated the of .................................................... In terms of the above rule you are required within 7 days of your receiving this report to remit the record herewith to the trial judge......................................0.............. IN THE HIGH COURT FOR ZAMBIA Holden at.XXX1 r 11 FORM 28C Sch...........................I.. .........MEDIATOR'S REPORT ................................ 1 Cause No........ 71of1997) day ............. No.................................having been designated as mediator in this action and having conducted mediation between the parties do hereby report that the parties have failed to reach a settlement........ BETWEEN: / / PLAINTIFF(S) DEFENDANT(S) TO: THE MEDIATION OFFICER I......

........................................................ Mediator's Full Name ...................................................XXX1 r 12 FORM 28D Cause No................................................ IN THE HIGH COURT FOR ZAMBIA Holden at................................. Mediator (As amended by S...... the undersigned parties to this action have agreed to settle our disputes/differences as follows: Dated the day of ................................ Plaintiff's Advocate ........................ Defendant(s) ............... 71of1997) .............. No..I............MEDIATION SETTLEMENT 0....... Defendant's Advocate ................................................... Plaintiff(s) ......................................................................... BETWEEN: PLAINTIFF(S) DEFENDANT(S) We. / / ....................

29 REPUBLIC OF ZAMBIA WARRANT TO ATTACH PROPERTY BEFORE JUDGMENT (General Title) To The Sheriff of Zambia and his Bailiffs.....C..... time and particulars of execution endorsed thereon........ WHEREAS it has been shown to the satisfaction of this Court that of . Dated the day of 19 ... 1 ....... Civ. with intent to obstruct or delay the execution of any decree which may be passed against him therein. is about to dispose of or remove out of the jurisdiction of the Court his goods and chattels: You are hereby commanded to seize... Chief Justice/Ju dge Sch... with the place.. and to hold the same until the further order of the Court.. the defendant in the above suit.... attach and take into your hands the movable and immovable property of the defendant (or certain property specified to the value of K ). ...... and you are also commanded forthwith after the execution of this writ to return the same into the Court.......H....

Civ. .C. it is this day adjudged that the plaintiff recover against the said defendant K and K costs (or costs to be taxed).H. 30 REPUBLIC OF ZAMBIA JUDGMENT (Default of Appearance) (General Title) Dated at of 19 . the day The defendant not having appeared to the writ of summons herein.

it is this day adjudged that the plaintiff recover against the said defendant K and K costs (or costs to be taxed). The defendant not having delivered any defence. .H. 31 REPUBLIC OF ZAMBIA JUDGMENT (Default of Defence) (General Title) Dated at the day of 19 . Civ.C.

.... ............C. † Judge (or Registrar) in Chambers.H. BETWEEN Plaintiff and Defendant UPON HEARING and UPON READING the affidavit(s) of filed herein.. Civ. Advocates for the . † Insert name of Judge or Registrar.. IT IS ORDERED and that the costs of this application be Dated the day of This Order was taken up by of .. No.. To: *Delete if inapplicable. 19 ... H... 32 REPUBLIC OF ZAMBIA ORDER (GENERAL FORM) IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19.

Civ. ...H. 33 REPUBLIC OF ZAMBIA FORMAL DECREE (General Title) It is decreed in the above suit that the above-named plaintiff do recover from the above-named defendant the sum of K together with K for costs. . Sch. and the said defendant is hereby ordered to pay the sum of K forthwith (or by the following instalments). K Costs . . K Judge/Deputy/District/Registrar 19 .C. . 1 . Dated the day of Debt .

. Registrar of the High Court at‡ ........................ .... AND IT IS FURTHER ORDERED that for the purposes of calculating the said payments the normal deduction rate shall be a week† and that the protected earnings rate shall be .......... Civ........................................C................................................... of aged ........... and that earnings fall to be paid by......... for transmission to the said ........ 55) BETWEEN** and WHEREAS ......... In the matter of AFFILIATION AND MAINTENANCE OF CHILDREN (Cap........H.... the defendant.. by the High Court for Zambia† to make payment of.............. H...................... .. No.......... years and who works at as a (hereinafter called "the defendant") is required under a maintenance order made on the ...... day of .. a week to ............................... AND WHEREAS on the application of the said it appears that at the time the application was made there was due under the maintenance order and unpaid an amount equal to not less than four of the weekly payments required by the order (or if the maintenance order is not for weekly payments............ day of 19. a week. ............... not less than two of the payments required by the order)....................... to ................................ IT IS HEREBY ORDERED that the said do make payments out of those earnings in accordance with the Affiliation and Maintenance of Children Act to the‡............ 34 REPUBLIC OF ZAMBIA ATTACHMENT OF EARNINGS ORDER IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19.......† Dated at To of And to this ................. 19 ..

. * Delete if inapplicable.of NOTE: This Order does not come into force until one week after service on the said ........................ † Or as the case may be..... .............. ‡ Insert "District" where applicable and full postal address........ ** Full title...............

. AND WHEREAS it appears that(a) the aggregate of the payments made for the purposes of the maintenance order exceeds the aggregate of the payments required by that order..... Sch...... u order made by the High Court for Zambia.... 35 REPUBLIC OF ZAMBIA NOTICE OF INTENTION TO VARY ATTACHMENT OF EARNINGS ORDER IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19. out of the earnings falling to be paid by him to ... 19.. 19 .................... day of .... the Court will make an order varying the attachment of earnings order by reducing the normal deduction rate to the rate of payments required by the maintenance order or to such lower rate as the Court thinks fit having regard to the amount of the excess mentioned in paragraph (a) of this notice... .. within fourteen days after the date of this notice................. for an order discharging the attachment of earnings order or varying it in some other manner. and (b) the normal deduction rate specified by the attachment of earnings order exceeds the rate of payments required by the maintenance order....... and (c) no proceedings for the variation or discharge of the attachment of earnings order are pending: TAKE NOTICE that unless the said applies to the High Court for Zambia.... In the matter of AFFILIATION AND MAINTENANCE OF CHILDREN (Cap....................................... day of .................................................. 1 .. ............... .... on the .......................... H..................C..................... 64) BETWEEN** and WHEREAS by an attachment of earnings order dated the .... No. to m in or towards satisfaction of the payments due to .........† ................ Civ................H.................... .....

...Dated at this ... ........ ‡ To be signed by the officer of the High Court to whom payments under the attachment of earnings order are to be made...... † Or as the case may be. ** Full title...................... (Signed)‡ (Designation) To of And to of * Delete if inapplicable.......... 19.. day of .

...... * Delete if inapplicable.............. || (Signed) To: The Registrar of the High Court (or the District Registrar of the High Court) at ..................... || To be signed by the person to whom the attachment of earnings order was directed.C...... †Title as in attachment of earnings order.... 36 REPUBLIC OF ZAMBIA NOTICE OF NON-EMPLOYMENT OF DEFENDANT IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19....... No......... 64) BETWEEN † and NOTICE WHEREAS by an attachment of earnings order made by the above-named court on the . In the matter of AFFILIATION AND MAINTENANCE OF CHILDREN (Cap.H.................. H.......... Sch.... I was directed to make payment to the‡ Registrar of the High Court at‡ out of earnings falling to be paid by me to the defendant ..................day of............ 1 ..... : I hereby give notice under section 12 (4) of theAffiliation and Maintenance of Children Act that on no occasion during the period of four weeks immediately preceding the§ .......... day of . was I the defendant's employer within the meaning of that Act... ‡ Please insert "District" where applicable and full postal address..... Civ........................... 19.......... § Please insert date of service of attachment of earnings order or such later date as may be appropriate..

Dated at the Chief Justice/Judge day of 19 . and further to perform and abide such order as the Court shall make in this behalf. You are required to attach of . as also such other matters as shall be there laid to his charge. Civ.C.H. . 37 REPUBLIC OF ZAMBIA WARRANT OF ATTACHMENT (General Title) To The Sheriff of Zambia and his Bailiffs. so as to have him before this Court at . And bring this writ with you. there to answer. as well touching a contempt which he is alleged to have committed.

38 REPUBLIC OF ZAMBIA WARRANT OF ARREST AND COMMITMENT (General Title) To the Sheriff of Zambia and his Bailiffs.C. there to be imprisoned and kept to labour for months/days from the date of the arrest under this warrant. and him safely deliver to the officer in charge of the prison at . it was ordered that of should stand committed to prison (and be kept to labour) for months/days for contempt of this Court: YOU ARE THEREFORE COMMANDED in the President's name forthwith to arrest the said of . WHEREAS by an order bearing date the day of 19 .H. . Civ. Dated at day of 19 Chief Justice/Judge the .

....... 19... ..................... to *The Judge directed that judgment should be entered for the ..................H............................ and occupied the time of the Court as follows: from............................................................. to from..... to Fourth day.................. day(s) of ................. to from. ................................... from... day of ..................... 1 or *A certified copy of the written judgment of is annexed hereto.................................. and occupied the time of the Court as follows: First day................... from ......... from.............. to Second day............... to from......................................... to from................................ Copies to other parties and the Assistant Registrar......... Deputy A * Delete as appropriate...................................................... Civ........................................ 19 ........... to Fifth day.. from ... as follows: Sch............ to Sixth day..................................................... 39 REPUBLIC OF ZAMBIA CERTIFICATE AFTER TRIAL (General Title) I certify that the above cause was tried before the Honourable in Court at on the .......... .................... 19.. .........C..... from .. .................... to ......................................... to The judgment was delivered on the day of ........................... from................................... Dated at this ........................................ to Third day.... from .......................... Original to successful party..............................

.

C. Endorsed to levy K and interest thereon at K per annum from theday of 19 . No. 40 REPUBLIC OF ZAMBIA PRAECIPE OF FIERI FACIAS (General Title) Seal a writ of fieri facias directed to the Sheriff of Zambia and his Bailiffs against of upon a judgment (or order) dated the day of 19 . Advocate for (As amended by No. 305 of 1968 and by S. for the sum of K and K costs and interest.H.I. Civ. 105 of 1986) . and K costs of execution.

Civ. or day on which money is directed to be paid. which said sum of money and interest were lately before the High Court for Zambia in a certain action wherein is plaintiff and defendant by a judgment (or order) of the said Court bearing date the day of 19 . adjudged (or ordered) to be paid by the said to the said together with certain costs in the said judgment (or order) mentioned and which costs have been taxed and allowed by the Taxing Master of the said Court at the sum of K as appears by the certificate of the said Taxing Master dated the day of 19 AND THAT of the goods and chattels of the said you further cause to be made the said sum of K (costs) together with interest thereon at the rate of K per centum per annum from the* day of 19 . and that you have that money before the said Court immediately after the execution hereof to be paid to the said in pursuance of the said judgment (or order). No.H. or day from which interest is directed by the order to run. No.I. And in what manner you shall have executed this writ make appear to the said Court immediately after the execution thereof.C. 105 of 1986 and S. 1 * Day of decree or order.I. And have there then this writ. WITNESS The Honourable Chief Justice of Zambia Dated the in the year of Our Lord One Thousand Nine Hundred and day of Sch. 41 REPUBLIC OF ZAMBIA WRIT OF FIERI FACIAS (General Title) To the Sheriff of Zambia and his Bailiffs You are hereby commanded in the President's name that of the goods and chattels of you cause to be made the sum of K and also interest thereon at the rate of K per annum from the * day of 19 . 174 of 1990) ENDORSEMENT . (As amended by S. as the case may be.

305 of 1968) is a . and also interest on K at K per centum per annum from the day of 19 until payment.. etc. Advocate . . besides Sheriff's commission. This writ was issued by of for who resides at The and resides at in the District of (As amended by No.Levy K and K for costs of execution. officer's costs of levying and all other legal incidental expenses.

.....H.......... And I authorise you.... ......... { NOTE: A copy of this form must be left with the debtor.... BETWEEN Plaintiff and Defendant To the Under-Sheriff and Bailiffs.............. pending the withdrawal or satisfaction of the above writ/warrant*............... 42 S. Dated this Judgment Debtor day of 19 . I undertake............ I hereby request that you will not leave a Possession Man on my premises in close possession of the goods listed overleaf which you have seized under the above writ/warrant* of execution. Civ.......... (H........* 19.... (c) to notify you immediately at your office of the visit of any such Sheriff's Officer or other person for the purpose of levying as aforesaid... 1 .. ....... (b) to inform any Sheriff's Officer or other person who may enter my premises for the purpose of levying any other execution or distress that you are already in possession of my goods under the above writ/warrant*................................... pending the withdrawal or satisfaction of the writ/warrant*(a) not to remove the said goods or any portion thereof nor to permit their removal by any person unauthorised by you in that behalf. Civ.....-...................................* IN THE SUBORDINATE COURT (CLASS ) .-........... or any of you..C......... If this convenience is allowed to me.............District Registry. * Delete whichever inapplicable.................... 28 REPUBLIC OF ZAMBIA REQUEST AND AUTHORITY TO UNDER-SHERIFF (Walking Possession) IN THE HIGH COURT FOR ZAMBIA................S....... AT THE . to re-enter my premises at any time and as often as you may consider necessary for the purpose of inspecting the said goods or completing the execution of the writ/warrant*. Sch...................... .......C...........

........ per centum per annum............. together with interest thereon on the day of ................. for costs with interest thereon at the rate of K....... 43 REPUBLIC OF ZAMBIA PRAECIPE OF ELEGIT (OR RE-ELEGIT) (General Title) Seal a Writ of Elegit (or Re-Elegit) directed to the Sheriff of Zambia against the above-named defendant of for not paying to the above-named plaintiff the sum of K..H............ Advocates for whose address for service is at .....) day of .. 19......C.19... JUDGMENT (or Order) dated the day of.... (Taxing Master's certificate dated the 19 .... Civ................................. and the sum of K...

.. and tenements..19.... Civ... 19..... Therefore you are commanded that without delay you cause to be delivered to the said by a reasonable price and extent all such lands. according to the nature and tenure thereof to him and to his assigns until the said two several sums of K........ came into the said Court and according to the statute in such case made and provided chose to be delivered to him all such lands..........C........ or at any time afterwards or over which the said on the ...... or anyone in trust for him was seised or possessed of on the . and K....... shall have been levied or sooner paid................... day of in the year of Our Lord .......... rents and hereditaments in your bailiwick as the said or any person or persons in trust for him was or were seised or possessed of on the said day of .............. WHEREAS lately in the High Court for Zambia in a certain action or matter there depending intituled..19........... together also with certain costs as in the said judgment (or order) mentioned and which costs have been taxed and allowed by the Taxing Master of the said Court at the sum of K....................... day of 19.......... AND afterwards the said ..... tenements...... it was adjudged (or ordered) that should pay unto the sum of K .............together with interest thereon after the rate of K....... 44 REPUBLIC OF ZAMBIA WRIT OF ELEGIT (General Title) To the Sheriff of Zambia.................day of ..wherein is plaintiff and defendant by a judgment (or order) of the said Court made in the said action and bearing date the.... or at any time afterwards or over which the Sch.... or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit to hold the said lands............. together with interest upon the said sums at the rate of K...per centum per annum from the day of .as appears by the certificate of the said Taxing Master dated the day of.......... 19 ......... tenements... rents and hereditaments in your bailwick as the said ....H. rents and hereditaments respectively....... per centum per annum from the said day of ....................... ..19.. 1 ..

..... o'clock in the ............. rents and here-ditaments respectively. tenements..... day of .............on the said ............. The above writ was delivered to me at ................. WITNESS The Honourable Chief Justice of Zambia Dated the day of .... day of.... 19... noon on the ....................... .......... And have there then this Writ....... 1893.... Sale of Goods Act........ Sheriff NOTE: Also under section 7 (2) of the Sheriffs Act (Cap.............. in the year of Our Lord One Thousand Nine Hundred and ...................said................................................................ 37)............. according to the nature and tenure thereof to him and to his assigns until the said two several sums of K.. or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit to hold the said lands.. and K... a Sheriff at the request of a person delivering a writ to him for execution shall give a receipt for that writ stating the day of its delivery............ . together with interest as aforesaid shall have been levied or sooner paid...... Registrar Receipt under Section 26... 19 .... And in what manner you shall have executed this Writ make appear to the High Court aforesaid immediately after the execution thereof under your seal.........

........ 1 ....... and K. That the within named defendant on the day of ....... Sheriff (Seal) Filed as of record together with the Sheriff's Inquisition the day of ......19 . . The answer of Sheriff (Seal) (2) RETURN WHERE THE DEFENDANT HAS LANDS...... ETC The answer of Sheriff to Wit.. on the................ in the said writ mentioned together with interest upon the same as therein also mentioned shall have been levied............ tenements. Civ. The within named defendant hath not nor hath any person in trust for him any lands............C... within mentioned or any part thereof as I am within commanded. rents or hereditaments within my bailiwick whereof I can cause to be levied K............ and interest K.... ETC.. in the year of Our Lord One Thousand Nine Hundred and was (or is) seised in the following lands within my bailiwick viz: which said lands I the said .................. 45 REPUBLIC OF ZAMBIA FORMS OF RETURN (General Title) (1) RETURN TO ELEGIT THAT DEFENDANT HAS NO LANDS... Registrar Sch...day of....... to hold according to the nature and tenure thereof to him and his assigns according to the form of the statutes in such case made and provided until the said several sums of K.............H.................

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.......... or at any time afterwards or over ...... residue of the said K .. per centum per annum from the day of ........ together also with certain costs as in the said judgment (or order) mentioned and which costs have been taxed and allowed by the Taxing Master of the said Court at the sum of K ...........C..................... 46 REPUBLIC OF ZAMBIA ELEGIT FOR THE RESIDUE AFTER A FIERI FACIAS (General Title) To the Sheriff of Zambia Whereas lately in the High Court for Zambia in a certain action (or matter) there depending intituled. 19........... ............... tenements.... should be thereof levied all lands..... it was adjudged (or ordered) that should pay unto the sum of K ..... 19...... together with interest thereon after the rate of K .... and also interest thereon at the rate of K .......... per centum per annum from the day of .. 19.... taxed and allowed as aforesaid with interest thereon at the rate of K ..................... rents and hereditaments in your bailiwick as the said or anyone in trust for him was seised or possessed of on the day of 19 .........H........ ....... ..... AND whereupon by a Writ you were lately commanded that of the goods and chattels of the said in your bailiwick you should cause to be made the sum of K ... and that you should have that money and interest before the said Court immediately after the execution thereof to be paid to the said in pursuance of the said judgment (or order) and that in what manner you should have executed that Writ you should make appear to the said Court immediately after the execution thereof having there then that Writ of Fieri Facias and you on the day of ....... per centum per annum from the day of ... .. made return to the said Writ of Fieri Facias that (here recite return). 19. as appears by the certificate of the said Taxing Master dated the day of .. 19.. AND afterwards the said came into the said Court and according to the statute in such case made and provided chose to be delivered to him until the sum of K ............... is plaintiff and defendant by a judgment (or order) of the said Court made in the said action (or matter) and bearing date the day of ... Civ... and interest aforesaid............... 19 .... wherein ....... ..... together with the said costs in the said judgment (or order) mentioned...

.......which the said on the ..... Registrar Receipt under Section 26........... 37)..... Sheriff NOTE: Also under section 7 (2) of the Sheriffs Act (Cap.. noon on the .. day of .... according to the nature and tenure thereof to him and to his assigns until the said sum of K. and K........) together with interest as aforesaid shall have been levied or sooner paid..... tenements... rents and hereditaments respectively.... a Sheriff at the request of a person delivering a writ to him for execution shall give a receipt for that writ stating the day of its delivery........ 1893........ 19........ ..................................... And have there then this Writ........... had any disposing power which he might without the assent of any other person exercise for his own benefit to hold the said lands. 19... in the year of Our Lord One Thousand Nine Hundred and ... The above writ was delivered to me at o'clock in the ..... ... WITNESS The Honourable Chief Justice of Zambia Dated the day of ... And in what manner you shall have executed this Writ make appear to the said Court under your seal immediately after the execution thereof.................. Sale of Goods Act.............. ........... (or the several sums of K............ day of ......

........ Civ... 19..... 47 REPUBLIC OF ZAMBIA WRIT OF RE-ELEGIT (General Title) To the Sheriff of Zambia Whereas lately in the High Court for Zambia in a certain action (or matter) there depending intituled ... together also with certain costs as in the said judgment (or order) mentioned and which costs have been taxed and allowed by the Taxing Master of the said Court at the sum of K ..... rents and hereditaments respectively according to the nature and tenure thereof until the several sums specified together with interest as aforesaid should have been levied... ...... . AND afterwards the said came into the said Court and according to the statute in such case made and provided chose to be delivered to him all such lands............ rents and hereditaments in your bailiwick as the said or anyone in trust for him was or were seised or possessed of on the day of in the year of Our Lord .... day of ....... or at any time afterwards or over which the said on the said ....C...H. as appears by the certificate of the said Taxing Master dated the ........... 1 9........ 19 ................. day of ............... together with interest thereon after the rate of K . 19... is plaintiff and defendant by a judgment (or order) of the said Court made in the said action (or matter) and bearing date the day of ... it was adjudged (or ordered) that should pay unto the sum of K ..19 ....... 19.. ............... wherein............ day of .. AND you on the ... ............................... tenements.................................. tenements.... .. AND in pursuance of the Writ of Elegit dated the day of ... per centum per annum from the day of ...................... ... ............ or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit to hold to him the said lands................... did make return to the said High Court for Zambia a certain inquisition indented taken before you by on .. .. you were commanded without delay to cause the same to be delivered accordingly until the said several sums together with interest as aforesaid should have been levied or sooner paid.

.......... . 19 ........ day of ............. all the other lands. day of .... as well as those before extended in execution..... . The above writ was delivered to me at o'clock in the .. a Sheriff at the request of a person delivering a writ to him for execution shall give a receipt for that writ stating the day of its delivery.. tenements.......... noon on the .... 37)...... Registrar Receipt under Section 26....the ....... interest aforesaid... and K ...... and his assigns according to the nature and tenure thereof.............. WITNESS The Honourable Chief Justice of Zambia Dated the ........ and K .... last past whereby it was found (here recite finding) AND because the said Court is now given to understand that the said at the time of giving the judgment aforesaid and (or) afterwards had and still hath divers other lands........ Sheriff NOTE: Also under section 7 (2) of the Sheriffs Act (Cap.. for the payment of the said several sums of K ..... and K .. according to the form of the statute aforesaid until the said several sums of K ..... tenements............. rents and hereditaments of the said in your bailiwick...... 1893. tenements........ THEREFORE the said hath humbly besought the said Court that he may so have them..... which said other lands..... rents and hereditaments........ the said ought also to have in execution for the more speedy recovery of the said K ...... in the year of Our Lord One Thousand Nine Hundred and .. and interest aforesaid shall be thereof fully levied: AND in what manner you shall have executed this Writ make appear to the Court aforesaid immediately after the execution thereof under your Seal: AND have there then this Writ................. Sale of Goods Act........... rents and hereditaments in your bailiwick besides those which are mentioned in the return above set forth. according to due course of law: THEREFORE you are commanded that you cause to be delivered to the said in the presence of the said to be warned on that occasion if he will attend......... and interest aforesaid to hold to the said .

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and of . And whereas it is by law provided that the party appealing shall give security to the satisfaction of the court below for all such costs as may be awarded to any respondent by the Court. his executors. in the year of Our Lord WHEREAS a suit is now depending in the court below at wherein the said is plaintiff. that we of . firmly by these presents. and the said has applied for leave to appeal from the said judgment. Dated the of One Thousand Nine Hundred and . administrators or assigns. 48 REPUBLIC OF ZAMBIA BOND FOR COSTS ON APPEAL (General Title) KNOW ALL MEN BY THESE PRESENTS. . in the whole. Sealed with our seals. for which payment well and truly to be made. to be paid to the said . our and every of our heirs.H. in the sum of kwacha of lawful money. have . And whereas the above-named at the request of the said agreed to enter into this obligation for the purposes aforesaid: and . day . and each of us for himself. executors and administrators. And whereas a judgment was given by the court below therein on the day of 19 for the said . Civ. of . we bind ourselves.C. are jointly and severally held and firmly bound to of . and the said is defendant.

) in the presence of) Registrar } (L. then this obligation shall be void. (L. and .S. otherwise shall remain in full force. sealed and delivered) (L.S. his executors. the costs of the said appeal as the Court shall order.) . administrators or assigns. that if the above-bounden . shall pay unto the said .) Signed.Now the condition of this obligation is such.S. any or either of them.

And I certify that such service so proved and the proof thereof are such as are required by the law and the practice of this Court regulating the service of legal process and the proof thereof. Civ.C. Registrar of the High Court for Zambia. (1) The original letter of request for service of process from the court or tribunal at in the matter of versus .H. 49 REPUBLIC OF ZAMBIA CERTIFICATE OF SERVICE OF FOREIGN PROCESS I. hereby certify that the documents annexed hereto are as follows: . And I certify that the cost of effecting such service as duly certified by the taxing master of the Court amounts to the sum of K Dated at Registrar the day of 19 . and (3) The evidence of service upon the person named in such letter of request with a verification of a Commissioner for Oaths. and (2) The process received with such letter of request.

........ ..C.........District Registry.... I attach hereunder K..............H... (At the ..)* To the (District)* Registrar.. † Delete whichever is inapplicable.. I desire to make personal search in the Judgments Register/Judgments Section of the Civil Causes Register† at your Registry for the record of any entries against the following: (State the names) For the fees..... ‡ 10n for every name searched against. ..... Civ........‡ (Signed) (Address) (Date) ZAMBIA REVENUE STAMPS To Be Affixed Here * Delete if inapplicable. 50 REPUBLIC OF ZAMBIA REQUEST TO SEARCH JUDGMENTS REGISTER OR JUDGMENTS SECTION OF THE CIVIL CAUSES REGISTER (INDIVIDUAL SEARCH) In the High Court for Zambia...

................. ‡ .......... ................. Civ.... Box RW.... specimens of whose signatures are set out below: † .....50067.............. In addition I/we hereby agree to indemnify the Government and any of its servants or agents against all actions resulting from the making of any entry in any Register or the publication thereof...........................C..................... .............................. 19 .....................O..... For the purpose I/we enclose herewith K in payment of the fees therefor in respect of the year ending the 31st December......... ‡ Speciment signatures..........H.......... ...................... (Signed) * State number required. Address and Date Lusaka..................... ......... The above permits should be made in favour of the following persons respectively........ 51 REPUBLIC OF ZAMBIA APPLICATION FOR PERMIT FOR GENERAL SEARCHES IN JUDGMENTS REGISTERS (AGAINST UNSPECIFIED NUMBER OF NAMES) To: The Registrar of the High Court.... ⎣ ⎦ I/We hereby make application for the issue to me/us of * permit(s) for the purpose of making general searches against any number of unspecified judgment debtors in the Judgments Registers in the Principal and District Registries of your Court and Subordinate Courts...... .... † State name or names.... ..................... ⎡ ⎤ P............................... I/We understand and agree that it is a condition of the grant of any permit hereby applied for that the Government or any of its servants or agents will not in any event be liable for any misstatement whatsoever contained in any entry in any Register whether the same be due to negligence or not...................

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. 52 REPUBLIC OF ZAMBIA PERMIT FOR GENERAL SEARCHES IN JUDGMENTS REGISTERS (AGAINST UNSPECIFIED NUMBER OF NAMES) High Court for Zambia.. . being an application for a permit for general searches to be made in the Judgments Registers of the Principal and District Registries of the High Court for Zambia........... Assistant Registrars. 19 ... 19.. and Clerks of Court...C. To: The Deputy Registrar.. Civ. hereby authorised to search for entries against any number of unspecified judgment debtors in the Judgments Registers at any Registry of the High Court for Zambia or courts subordinate thereto... Dated at Lusaka the . Specimen Signature ... This is to certify that (a specimen of whose signature is affixed hereto) is for the year ending the 31st day of December... ... the prescribed fees having been paid to me. 19........ day of ........ Lusaka.. .... All District Registrars. Registrar of the High Court NOTE: This permit is issued subject to the conditions and to the right of indemnity contained.............H.. mentioned or referred to in the application made by and dated the day of .. or courts subordinate thereto.......

To: The Registrar. I attach hereto stamps to the value of K made up as follows: No. 53 REPUBLIC OF ZAMBIA FEE SHEET From Sch. (Probate Registry). .H. Item Amount of Fee K n The Grant (or as the case may be) should be forwarded to: Yours faithfully. P. High Court... Lusaka.O. Civ.C. Sir. PROBATE FEES The attached application (or as the case may be) is forwarded for necessary action.... Box RW50067. 1 (Dated) 19.

Rule 4) PART I GENERAL FEES APPLICABLE TO ALL DIVISIONS OTHER THAN PROBATE NON-CONTENTIOUS AND WHERE OTHERWISE SPECIFICALLY LAID DOWN AND IN ADDITION TO OTHER FEES LAID DOWN SPECIFICALLY IN OTHER COURTS UNLESS THE CONTEXT OTHERWISE REQUIRES No. Fee units receipted 1. On filing an interlocutory notice of motion or application not specifically provided for 50 or application 6. On the examination of a witness before an officer of the Court (including the examination of a Judgment debtor) or each half hour or part thereof 83 praecipe NB-Where the officer is required to take the examination away from his office his reasonable Document to be The filed copy The praecipe The filed copy The summons or The filed notice The filed copy The praecipe of The order or . On sealing a concurrent or renewed writ of summons or concurrent originating summons 17 3. On sealing a summons in chambers (including a summons for directions or notice for further directions) 50 notice 5. On sealing a commission or letter of request for the examination of witness abroad 50 undertaking 8. On sealing a writ of summons or originating application of any matter 167 2. On sealing any amendment 17 4. On sealing a third party notice 50 7.SECOND SCHEDULE (Order 1.

travelling and other expenses are also payable. On sealing a writ of subpoena for each witness 17 12. in any registry of the High Court 1. filed or taken or the negative thereof.111 to the Registrar of the for a year or High Court part thereof (c) On a search for appearance of any other search (including an inspection) not otherwise provided for 11 praecipe The filed copy The application The praecipe The filed copy The filed The filed In cash. On entering or sealing an order made in Chambers 22 18.XX 44 Document to be receipted Sch. On entering or sealing an order of reference under O. payable The search No. On filing deposition: each deposition17 10. On filing an affidavit 17 document 14. unless otherwise provided 17 17. On an application for copies of the notes of Judge for the use of the Supreme Court of Zambia per page or part thereof 17 11. 9. (a) On personal individual search in the Judgments Registers or in the Judgments Section of the Civil Causes Register for every name 17 The search form (b) On personal general searches in the Judgments Registers for unspecified number of names in any calendar year. 2 The certificate The order The order . On filing a certificate of service 17 document 15. On sealing a writ of subpoena for each witness 17 13. For a certificate of appearance of a pleading affidavit or proceeding having been entered. Fee units 16.

On taking an account of monies received by a person liable to account for the same for every K1. On entering or setting down any cause or matter for hearing in Court. or any other document or deed (other than Judgment or orders) 33 20. For certifying a copy as an office copy and in addition if under seal 22 31.500 allowed 11 33.19. except where otherwise provided 111 21. On entering or sealing a judgment. On filing a case stated 44 26.500 or fraction of K1. On filing any notice not specifically provided for 22 32. For copies of documents or proceedings per page or part thereof 17 30.500 of the amount found to be due 11 28. decree or order given. directed or made in the trial.500 or fraction of K1. On taking an account of monies due to any person for every K1. On sealing or filing a writ of execution (including a writ of attachment) 44 25.500 of the amount received 11 27. On an inquiry as to damages for every K1. On hearing a judgment summons 69 23. On the taxation of a bill of costs for every K1. Application (including registration) to register a judgment when no fee is provided by the ordinance or The filed copy The filed copy or record The judgment decree or order The order The judgment or order The praecipe The case The certificate The certificate The certificate The office copy The office copy The filed copy The bill .500 or fraction of K1. hearing or further consideration or a cause or matter in court (other than a matrimonial cause or judgment summons) per day or part thereof 111 22. On sealing or approving an advertisement. On entering or sealing any other judgment or order 44 24.500 of the amount certified 11 29.

On setting down and hearing per day or part of the day 167 44. On presenting and filing a petition 250 39. On filing application for leave to appeal to the court 35.Act providing for registration 44 The certificate of judgment PART II APPEALS 34. On filing affidavit in answer to application for ancillary relief or affidavit in reply thereto on filing particulars 17 affidavit 43. 2 38. 2 44 44 44 The notice The order The filed copy 17 The judgment PART III DIVORCE AND MATRIMONIAL CAUSES No. receipted Fee units Document to be The petition The praecipe The filed copy The application Sch. On sealing a copy of a decree nisi or absolute 44 NB-The fees listed in this part are in addition to the original fees listed at Part I hereto unless the consent specifically required The filed The certificate The filed copy . On leave being granted to appeal to the Court 36. On filing an answer or reply 28 41. On filing notice of application to make decree absolute 44 45. On hearing any appeal other than a criminal appeal per day or part thereof Sch. On every bond 37. On application for ancillary relief 44 42. On amending a petition 22 40.

etc) 83 53. For any second or subsequent grant in respect of the same The same as on the deceased person previous grant 48. Grants Fee units 46. For impounding a grant.otherwise. etc 51. On probate or letter of administration with or without the will annexed: If the gross estate does not exceed K30. For resealing a grant under the Probates (Resealing) Act 167 50. For amending a grant (including Registrar's order. 1938 (as applied to Zambia). For noting on record that an executor to whom power was reserved has renounced (inclusive fee) 44 58. if a new bond is required 11 54. PART IV PROBATE (NON-CONTENTIOUS) No. For a warning to a caveat 61. And in addition. For service of warning by post 11 22 83 . or releasing an impounded grant (inclusive fee) 50 56. For noting on a grant that the deceased died domiciled in Zambia.000 222 Subsequent Grants 47. For the preparation of a memorandum under the Inheritance (Family Provisions) Act. For every duplicate or triplicate probate or letters of administration with or without the will annexed 44 Resealing 49. For noting on a grant and the record the addition of a personal representative (including filing the affidavit) 44 57. and for noting the grant and filing the order (inclusive fee) 17 Caveats 59. For the entry of subduction of a caveat 60.000 but does not exceed K300. if not so noted when the grant was issued (inclusive fee) 44 52. Statutory Advertisements in Zambia Government Gazette167 Alterations in Grants.000 139 If the gross estate exceeds K30. etc) 50 55. For revocation of a grant (including Registrar's order. photocopy thereof.000 167 If the gross estate exceeds K300.

For obtaing a will brought in a subpoena on application for grant 66. For depositing a will of a deceased person in the Probate Registry for safe custody on renunciation of executor (inclusive fee) 44 65. For an exemplification. For a typewritten copy or extract of a document filed or deposited in Probate Registry or other authorised place of deposit per page or part thereof 17 74. For depositing in the Probate Registry for safe custody the will of a living person (inclusive fee) 44 Searches and Inspections 67. For search for a document filed in the Probate Registry or other authorised place of deposit including inspection of registered copy of the will or the original will (if unregistered) or any other document 11 68. Grants Fee units Sch. For engrossing and collating will etc per page or part thereof17 79. For collating a copy with the original document including the Registrar's certificate in verification thereof per page or copy 17 75. For settling and sealing a citation (inclusive fee) 83 Deposit of Wills 64. For each photocopy or extract: (a) if of A4 size 44 (b) if over A4 size 83 71. For a photocopy of probate or letters of administration 44 72. For photocopy or extract of a will deposited in the Probate Registry or other authorised place of deposit. in addition to the fees for engrossing and collating 83 78. or other advertisement 83 63. (a) For search for a will or letters of administration or other document on behalf of the party applying for a search 17 (b) For every year or part of a year 17 70. For impressing the seal of the Court on a copy 28 77.No. For a photocopy of the record of the resealing in Zambia of a grant 44 73. For settling abstract of citation for advertisement. For inspecting an original will that has been registered in addition to the fee for search 11 69. For Registrar's certificate in verification of a photocopy 22 76. For examining and sending by post a plain copy or a will 83 Miscellaneous 28 . 2 Citations and Advertisements 62.

80. inclusive of Registrar's certificate The same fee as payable in an action 82. For a summons. On every declaration of inability to pay debts The filed copy 91. For Registrar's fiat on refusing probate (inclusive fee) 83 85. order on summons motion and order on The same fee as payable motion in action 83.000 The original proof 90. affidavits or other documents: For any one document settled 44 For any number of additional documents in the same case. For taxing a bill of costs. (i) For Registrar's order 22 (ii) For filing a document 11 (iii) For a certificate or minute under the hand of the Registrar or Judge 22 Note: This fee is not payable when the filing of the certificate or minute is included in a proceeding for which another fee is payable 84. On every other order 88. On every attendance at meeting of creditors 89. On every receiving order 87. On every bankruptcy notice The filed copy 92. On every proof of debt tendered where the amount exceeds K100. On every bankruptcy petitioning The filed copy . 2 No. a further inclusive fee of 44 PART V BANKRUPTCY OR INSOLVENCY D Fee units b 83 44 83 22 44 22 417 Sch. 86. For production by an officer of the Court of books or documents in any Court of Law or elsewhere where an officer has to remain in attendance for each day or part of a day on which he so attends in addition to necessary expenses 167 81. For perusing and settling oaths.

000 or fraction of K30.5 per cent On all further sums 2.5 per cent in cash Application for Discharge of Trustees 100.000 beyond K1.500.500.000 or fraction of K30.000.5 per cent On the next K6.500.000. On the net assets realised or brought to credit by the Official Receiver whether acting as interim receiver.000. K800 on every K30. that is. a percentage according to the following scale: On the first K3.000 or fraction thereof 7.000 or fraction thereof 9 per cent On the next K750. and on the net assets realised by trustee to administer a debtor's property under a composition or scheme. receiver or trustee.000 or fraction thereof 10 per cent On the next K4. a fee computed at the following rates on the gross amount of composition.000 or fraction thereof 5 per cent On all further sums 2. On passing liquidation accounts where the net assets for . On every application to the Court to approve a composition.050.000 or fraction thereof 8 per cent On the next K1.93. (expenses of advertising shall be lodged in cash with Official Receiver on the application) 83 In cash 95.000 and K400 on every K30.000 up to K1. On every application for Order of discharge (including hearing fee) 206 94.000 or fraction thereof 7. On each creditor notified.000 or fraction thereof 10 per cent On the next K4.5 per cent in cash 99.500. a fee computed on the gross amount of the estimated assets at similar rates as for a composition The filed copy 98. On the amount distributed in dividend by the Official Receiver when acting as trustee under adjudications scheme or orders of administration of the property of a deceased insolvent. On each notice by the Official Receiver to a creditor of a first or any other meeting or any sitting of the Court 83 96.000 The filed copy 97. a percentage according to the following scale: On the first K3. On every application to the court to prove a scheme or arrangement.

2 108.000.000. For travelling allowance to effect arrest or seizure per kilometre 11 106.000 but do not exceed K900. 2.000 44 (c) exceed K900.000 or fraction therof 22 (b) exceed K300. 107. For commission to the auctioneer on sale to include inventory and valuation compiling catalogue and preparing for sale.5 per centum of the amount due under the writ or warrant.000 or part thereof 206 In cash 101. whichever is the less.500.distribution(a) do not exceed K300. 109. (All these fees are payable in cash) Fee units 103. printing catalogues. Grants Fee Units Sch.000 for every additional K300. Where execution is withdrawn. For removal of goods or animals to a place of safe keeping when necessary and for warehousing or taking charge of same when removed. For advertising and giving publicity to the sale.500.000 122 (e) exceed K3. bills and notices and distributing and posting same.000 but do not exceed K3. the sum actually and reasonably paid.000 but do not exceed K1. 10 per centum of the amount realised or of the amount due under the writ or warrant whichever is the less. . 111. On order of release 22 The filed copy PART VI FEES. satisfied or stopped after seizure. the sum actually and reasonably paid. but before sale. the sum actually and reasonably paid. On application for release 22 The filed copy 102. 110. 10 per centum of the amount due under the writ or warrant. ETC ON EXECUTION AND SERVICE No. man in possession. On sale under writ or warrant. No. For seizure by Sheriff's officer 83 105. For an arrest by Sheriff's officer 83 104. or when necessary.000 67 (d) exceed K1. For man.

5 per centum of the amount due under the writ or warrant. For commission on the auctioneer where execution is withdrawn. 88 of 1997) 278 6 SECTION 7 (1)-THE HIGH COURT (JURISDICTION OF REGISTRARS) RULES Government Notice 293 of 1960 Rules by the Chief Justice 1. The Registrar and Deputy Registrars of the High Court shall for all Jurisdiction in the purposes of the winding-up of companies have the same jurisdiction. SECTION 7 (2)-THE HIGH COURT (JURISDICTION OF ASSISTANT REGISTRARS) RULES Rules by the Chief Justice Government Notice 310 of 1960 Statutory Instrument 63 of 1964 1. Title 2. Per page transcript of record (As amended by S. 5 per centum of gross realised value. No. order or other process of the Court by a bailiff or messenger: (i) not more than three kilometres from the office of the bailiff or messenger (as case may be) 44 (ii) more than three kilometres from such office(a) fee 44 (b) actual out-of-pocket expense (other than sustenance) to be receipted Miscellaneous 115. 114. winding-up of powers and duties as have Registrars in Bankruptcy of the High Court of companies England under the English Companies (Winding-up) Rules. For commission on obtaining possession under writ of possession. Title . These Rules may be cited as the High Court (Jurisdiction of Assistant Registrars) Rules. These Rules may be cited as the High Court (Jurisdiction of Registrars) Rules. 1929.112. 113. Fee for service of a summons. Registration of documents 116. satisfied or stopped after he had been instructed to sell to include inventory valuation compiling catalogue and preparing for sale.I.

(e) for directions on a summons for directions or notice for further directions. to renew a writ of execution. Applications in chambers (c) to add as a party the husband. have the powers of a registrar to hear applications in chambers in the Court in respect of the following matters. the assistant registrar shall act under the supervision of the registrar and shall have regard to any directions given to him by the registrar. personal representative or trustee of a party. "registrar" means in relation to causes or matters proceeding and bills of costs to be taxed in the Principal Registry. to make orders by the consent of all parties: Provided that(i) a registrar may reserve to himself the hearing of any particular application or class of applications in chambers. In these Rules. (f) (g) (h) (i) for payment out of Court. the Registrar and a Deputy Registrar. to issue a third party notice. (d) to amend proceedings before service thereof. 3.2. to enlarge time. and in relation to causes or matters proceeding and bills of costs to be taxed in a District Registry. that is to say: (a) (b) to renew a writ of summons. unless the context otherwise requires- Interpretation "assistant registrar" means an officer appointed substantively to the office of assistant registrar of the Court and shall include any person lawfully performing the functions of that office if the Chief Justice shall have directed that these Rules shall apply to him while performing such functions. An assistant registrar shall. subject to the provisions of this rule. a District Registrar. (ii) in hearing applications in chambers. or a successor in interest to a party. .

exclusive of the increase prescribed by the Legal Practitioners (Costs) Order: Provided that(i) bills for taxation as between a Advocate and his client shall be taxed by a registrar. (ii) a registrar may reserve for taxation by himself any particular case or class of cases. (v) where a party who is dissatisfied with the allowance or disallowance of the whole or any part of any items in a bill taxed by an assistant registrar as taxing officer in pursuance of these Rules makes application for a review in accordance with the provisions of Order XL. subject to the provisions of this rule. An assistant registrar shall. rules 3 and 4. rule 10. have power as taxing officer to tax bills of costs as between party and party where the total amount of the bill or bills under any order or reference does not exceed four hundred kwacha and bills of costs as between advocate and client where the amount of the bill or bills does not exceed three hundred kwacha. (iii) in taxing bills the assistant registrar shall act under the supervision of the registrar and shall have regard to any directions which may be given to him by the registrar. (iv) an appeal from the decision of an assistant registrar made under this rule shall lie in accordance with the provisions of Order XXX. (iv) if any party before the commencement of the taxation objects to the bill or any part of it being taxed by the assistant registrar. of the High Court Rules. of the High Court Rules. the application shall be transferred for hearing to the list of the registrar at the Principal or District Registry as appropriate. 30 . such application shall be made to the registrar at the Principal or District Registry as appropriate. Taxation of costs Cap. 4. the bill or the part to which the objection relates shall be taxed by the registrar at the Principal or District Registry as appropriate.(iii) if any party before the commencement of the hearing of the application objects to its being heard by the assistant registrar.

(c) to conduct the examination as to the means of a judgment debtor in accordance with Order XLII. without prejudice to the generality of the foregoing. The duties and functions of the Assistant Registrar at each registry of the High Court shall. in addition to any other duties and functions Title Interpretation Duties and functions of . These Directions may be cited as the Duties and Functions of Assistant Registrars and Deputy Assistant Registrars Directions. decrees and orders of the Court and to affix the seal of the Court thereto: Miscellaneous powers Provided that this power shall not extend to the certification of copies of Cap. of the High Court Rules. unless the context otherwise requires(a) "civil cause" means any civil proceeding in whatever manner commenced and. In these Directions. No. Cap. includes a matrimonial cause and any bankruptcy or company matter. An assistant registrar is hereby empowered(a) to certify office copies and certified copies of judgments. 2. (b) any reference to any officer of the High Court by title means the person appointed to the office concerned under the provisions of the Act. (b) to sign a certificate of taxation in respect of any taxation which has taken place before himself. rule 16.5. 3. (As amended by S. such person. and includes any person lawfully performing the functions of such office and. to the extent that any person is empowered to exercise part only of such functions. 76 judgments in accordance with the Foreign Judgments (Reciprocal Enforcement) Rules. 63 of 1964) SECTION 8-THE DUTIES AND FUNCTIONS OF ASSISTANT REGISTRARS AND DEPUTY ASSISTANT REGISTRARS DIRECTIONS Directions by the Chief Justice Government Notices 292 of 1960 9 of 1961 23 of 1961 497 of 1964 1.I. 34 (d) to make inquiry into the means of a poor appellant to the Supreme Court in accordance with the provisions of the Legal Aid Act.

be as follows: Assistant Registrars A. (i) (ii) To issue all writs and originating process. the names of the parties. and remarks. With regard to civil causes generally. and subsequent proceedings and remarks. . the date of decree nisi. the date of presentation of petition. the date of the Registrar's certificate. the relief claimed and grounds. the date of appearance (if any). a Deputy Registrar or District Registrar of the High Court. the Registrar. (iv) To keep and maintain a Civil Causes Register (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) the cause number. the date(s) of appearance(s). (iii) To record the entry of appearance to writs and originating process. the date of decree absolute.imposed by any written law or by any Judge. (v) To keep and maintain a Divorce Register (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) (f) (g) (h) (i) the cause number. the particulars of the case. the names of the parties. To verify all Court fees.

To accept bills of costs for taxation. (ix) To seal all judgments. (viii) To check papers lodged prior to setting down for trial. (xiv) In the case of a civil appeal from an inferior court. B. (x) To keep and maintain a Civil Judgments Register of all judgments of the Court for a debt or liquidated demand in chronological order in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) (f) (g) (xi) the date of the judgment. the costs. (vii) To file affidavits. With regard to appeals in civil causes from inferior courts. judgment summonses and other process to enforce the judgments and orders of the Court. (xiii) To have the custody of the Court Seal and all civil files. decrees and orders. (xii) To issue writs of execution.(vi) To issue all interlocutory proceedings (in the case of application to a Judge. and to pass the two bundles of the pleadings to the Deputy Assistant Registrar to the Judge before whom the case will be m entioned. the amount of the judgment. notices and other documents relating to civil proceedings. and remarks. the cause number. accounts. the particulars of the judgment. the names of the parties. to check that . after obtaining a hearing date from the Deputy Assistant Registrar).

and any subsequent proceedings and remarks. With regard to appeals in civil causes to the Supreme Court of Zambia (xvi) To perform the duties of the Registrar of the High Court in connection with the lodging of a civil appeal to the Supreme Court of Zambia and the certification of the appeal record thereof. the names of the appellant and respondent. notices and other documents and to pass them to the Registrar in Bankruptcy for attention or signature. (xv) To keep and maintain a Civil Appeals Register (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) (f) the cause number. With regard to bankruptcy causes. (xviii) To keep and maintain a Registrar of Bankruptcy Notices in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) number of notice.the rules and any court orders relating to such appeal have been complied with. C. date when filed. the date and result of the appeal. name of legal practitioner. name of debtor. and . the court from which the appeal is brought. and thereafter to pass the appeal record to the Deputy Assistant Registrar. name of creditor. the date lodged. (xvii) To receive and check all bankruptcy petitions. D.

(ii) date of receiving order. date of approval of composition or scheme. (i) number of petition. (d) (e) (f) (g) date of public examination. date of receiving order. (i) name of petitioning creditor. (ii) residence and description of debtor. (iii) date of discharge or recission of order. (i) name of debtor. . (ii) date of filing petition. (ii) residence and description of petitioning creditor.(f) result of notice. act of bankruptcy alleged. (ii) date of appointment of trustee. date of dismissal of petition. (xix) To keep and maintain a Registrar of Bankruptcy Petitions in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) (f) (g) (h) (i) number of petition. (ii) residence and description of debtor. (i) date of adjudication order. (ii) date of annulment of adjudication order. (xx) To keep and maintain a Register of Receiving Orders in Bankruptcy in which the following particulars shall be entered in their respective columns: (a) (b) (c) (i) name of debtor. and name of Registrar. name of legal practitioner. (i) name and address of trustee. (i) number of receiving order. date of filing petition.

(ii) date of order for discharge of bankrupt. details of the order. 64 Cap. the name of the original Court.(iii) date of release of trustee. (xxi) To register maintenance orders under the Affliation and Maintenance of Children Act. (xxii) To keep and maintain a Registrar of Maintenance Orders registered under the Act (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) (f) (g) (h) the cause number. 64 Cap. E. With regard to maintenance orders and enforcement . date of order for summary administration. (h) (i) date of hearing application for discharge of bankruptcy. and Registrar. and to perform the duties of the proper officer of the High Court under the Affiliation and Maintenance of Children Act. (i) (j) (k) (l) proceedings consolidated or transferred. the address of the defendant in Zambia. 64 Affiliation and Maintenance of Children Act (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: . (iii) nature of order for discharge of bankrupt. the date of registration. date of order for administration of deceased debtor' estate. the names of the parties. Cap. name of person through whom payments are to made.. 64 (xxiii) To keep and maintain a Register of Orders registered under the Cap. and further action.

the name of the original court and reference. (j) date of any order for variation or discharge or notice of cancellation. (f) name of Court making order. defendant's name and address. folio number of Court order on cause file. (xxiv) To register judgments under the Service of Process and Execution of Judgments Act. (g) (h) (i) date of order. (e) (f) (g) (h) (i) the date of the judgment or decree. 79 (xxv) To keep and maintain a Register of Judgments registered under Cap. 79 the Service of Process and Execution of Judgments Act (including an alphabetical index thereto in the name of the judgment debtor) in which the following particulars shall be entered in their respective columns: (a) (b) (c) the cause number. the date of registration. the names of the parties. F. date of registration. and the particulars of any execution thereon. (d) the name and address of the party against whom judgment is given. (k) (l) (n) nature of order or notice. the costs. defendant's Advocates and address. complainant's Advocates and address. complainant's name and address. date of receipt. the abstract of judgment.(a) (b) (c) (d) (e) cause number. Cap. With regard to judgments of other courts. details of order. and cause number assigned by that Court. . and amount and interest (if any).

G. date of award. (xxvi) To register judgments under the Foreign Judgments (Reciprocal Cap. and remarks. 76 Enforcement) Act. (xxvii) To keep and maintain a Register of Judgments registered under Cap. details of award. date of filing. title. the name of the original court. the date of the registration. the date of the order for registration. . and (h) particulars of any execution thereon. name of arbitrator. (xxviii)To keep and maintain a Register or Arbitration Awards in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) (f) (g) number. names of parties. trade or business and usual or last known place of abode or business of the judgment debtor and judgment creditor. in which the following particulars shall be entered in their respective columns: (a) (b) (c) the cause number. (e) (f) the amount for which the judgment is signed. (d) the name. With regard to the registration at the Principal Registry of foreign judgments and of miscellaneous deeds. 76 the Foreign Judgments (Reciprocal Enforcement) Act (including an alphabetical index thereto in the name of the judgment debtor). (g) any special directions as to registration and/or execution thereon.

and the name and address of the trustee (if any) under the deed. (e) the date of registration. With regard to criminal trials. be as follows: Duties and functions of Deputy Assistant Registrars A. the place or places where his business was carried on at the date of the execution of the deed. The duties and functions of a Deputy Assistant Registrar of the High Court shall. . In default of any appointment or in the absence of an Assistant Division of Registrar at the Principal Registry or at any District Registry of the High duties in Courtabsence of Assistant (a) the duties set out in sub-paragraph C (xvi) of paragraph 3 (relating to the lodging of civil appeals to the Supreme Court of Zambia) Registrar shall be performed by the Registrar. (d) a short statement of the nature and effect of the deed. and (b) all other duties set out in the said paragraph 3 shall be performed by the clerk for the time being in charge of the civil registry at such Principal or District Registry. address and description of the debtor. 23 of 1961) 5. the date of the deed. or estimated by the debtor. and of the composition in the kwacha payable thereunder.(xxix) To keep and maintain a Register of Deeds of Arrangement (including an alphabetical index thereto in the name of the debtor) in which the following particulars shall be entered in their respective columns: (a) (b) number of entry. Deputy Registrar or District Registrar. as the case may be. as the case may be. in addition to any other duties and functions imposed by any written law or by the Judge to whom he is attached or the Registrar of the High Court. and (f) the amount of property and liabilities included under the deed. (c) the name. 9 of 1961) 4. (As amended by No. the title of the firm or firms under which the debtor carried on business. (As amended by No.

the judgment of the court. (ii) To enter for trial all criminal causes. (d) the name of the committing magistrate. (iv) To prepare Cause Lists and issue Notices of Trial. (e) particulars of the crime or offence charged. the sentence. (g) (h) (i) the date of hearing. and (j) remarks including the place of trial and name of trial Judge. two hundred and forty-seven and two hundred and forty-eight of the Criminal Procedure Code and to receive the documents referred to in sections two hundred and forty-five and two hundred and forty-nine of that Code. the name of the prosecutor. (f) particulars of the crime or offence for which the information is filed. subject to the provisions of rules 33 and 45 of the Supreme Court Rules. 88 (iii) To keep and maintain a Criminal Trials Register (including an index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) the number of the trial. (v) To prepare Warrants of Commitment and other prescribed forms relating to criminal trials. the name of the defendant.(i) To act as Clerk of Sessions and in particular to perform the duties imposed upon the Registrar of the High Court by sections two hundred and forty-one. (vii) To keep and maintain the Criminal Causes Exhibits Register . Cap. designation of his court and the date of committal. date of notice of any appeal to the Supreme Court of Zambia and the result of any such appeal. (vi) To take custody of exhibits and to dispose thereof after Cap. 25 completion of the trial.

(d) and (e) (viii) the number or letter allocated to each exhibit in the High Court. Cap. against conviction or sentence or both). including the place of appeal and the name or names of the Judge or Judges who heard the appeal. (xi) To keep and maintain the Criminal Appeals Register (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) the number of the appeal. (c) particulars of the exhibits received showing against each the number or letter allocated in the subordinate court. . the judgment of the court. the name of the respondent. (d) the name of the magistrate and designation of the court below from which the appeal is made and the date of conviction therein. With regard to criminal appeals from subordinate courts.. (f) the subject-matter of the appeal (i. the name of the appellant. 34 (ix) To file all documents connected with the trial and at the end of each calendar year to place the files of cases disposed of in the Court Record Room. and (i) remarks. the date of notice of any further appeal to the Supreme Court of Zambia and the result of any such further appeal. B. (e) particulars of the offence for which conviction was recorded in the court below. particulars of the ultimate disposal of each exhibit. To supervise payment of counsel under the Legal Aid Act. (x) To enter criminal appeals for hearing. the title of the cause.which shall contain the following particulars: (a) (b) the number of the cause. (g) (h) date of hearing the appeal.e.

With regard to the revision of subordinate court criminal proceedings. (xxi) To keep and maintain the Criminal Revision Register (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: Cap. subject to the provisions of rules 33 and 45 of the Supreme Court Rules. (xx) To call for all outstanding criminal returns from subordinate courts on the fifteenth day of each calendar month. (xiii) To prepare hearing notices and forward documents as required by section three hundred and twenty-six of the Criminal Procedure Code. (b) the date of receipt by the Deputy Assistant Registrar of each monthly return. (xviii) To file all documents connected with the appeal and at the end of each calendar year to place the files of appeals disposed of in the Court Record Room. (xix) To keep and maintain the Criminal Returns Register which shall contain the following particulars: (a) the name of each subordinate court from which returns are to be made. C. (xvii) To supervise payment of counsel under the Legal Aid Act. 88 Cap. 25 completion of the appeal.(xii) To receive the documents referred to in section three hundred and twenty-three of the Criminal Procedure Code. (xvi) To maintain the Criminal Causes Exhibits Register in the form prescribed in sub-paragraph (vii). (xiv) To prepare certificates of the results of appeals. Cap. 34 . 88 (xv) To take custody of exhibits and to dispose thereof after Cap.

With regard to appeals in criminal causes to the Supreme Court (xxvi) To receive notices of intention to appeal and applications for leave to appeal. 25 . and remarks. (xxx) To receive copies of the judgments of the Supreme Court and file them in the appropriate High Court trial or appeal record docket. particulars of the charge. result of the revision. (xxiv) To return original subordinate court records on disposal of the revision and to file remaining documents relating thereto. sentence of the subordinate court. (xxix) To submit copies of a case stated in accordance with section twenty of the Supreme Court of Zambia Act. name of the accused. (xxvii) To set down notices of motion for leave to appeal for hearing by a Judge. name of magistrate and date of conviction by him. (xxiii) To prepare certificate of decision or order on revision. subject to the provisions of section eighteen of the Supreme Court of Zambia Act. subordinate court case number. (xxii) To call for criminal case records from subordinate courts as directed by the Judge to whom he is attached. (xxviii)To prepare and submit the record in accordance with rule 31 of the Supreme Court Rules. 25 Cap.(a) (b) (c (d) (e) (f) (g) (h) (i) serial number of the revision. Cap. (xxv) At the end of each calendar year to place the files of all revision cases disposed of in the Court Record Room. designation of the subordinate court. D.

(xxxviii)After judgment to draw up and issue a Certificate after Trial . (xxxvi) After judgment to hand all exhibits to the Assistant Registrar and obtain his receipt therefor in the Civil Causes Exhibits Register. (xxxiii)To check all interlocutory orders before submission to the Judge. (xxxii) Five days before Motions Day to prepare a Cause List. (xxxvii) Where the Judge gives judgment ex tempore to make a note of the judgment. (xxxv) During the course of the trial to administer oaths. description of exhibit. exhibit number. rule 4. As to interlocutory proceedings held on other days. Where a judgment is written before delivery to examine and certify a copy thereof. to forward requisite documents to the Capital Sentences Review Committee. and the Judge's Report to the President. to record the times of commencement and ending of the hearing on each day and to maintain the Civil Causes Exhibits Register (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) (f) (g) (h) cause number. of the High Court Rules) to the trial Judge. With regard to civil causes. title of cause. to prepare and issue notices of hearing immediately the date of hearing has been fixed. date of handing exhibit to the Assistant Registrar. name of party by whom produced. post it on the notice-boards and distribute to practitioners concerned. E. name of witness proving the exhibit. and signature of Assistant Registrar. (xxxiv) Not less than three days before the date of trial to pass the Judge's bundle of pleadings (Order XXXI.(xxxi) On dismissal of an appeal where a capital sentence has been pronounced.

(xxxix) To issue the original Certificate after Trial to the successful party. To act as Marshal when on circuit. Additional duties of Deputy Assistant Registrar to the Chief Justice. or (ii) reference to certified copy of written judgment. (xlii) To receive and file statistical returns from subordinate courts and the High Court Registries. General. (xliv) To collate statistical returns and draft consolidated returns for the annual Departmental Reports. (i) particulars of judgment. copies to other parties and a copy to the Assistant Registrar. G. Notaries Public and persons admitted under section thirty-eight of the Legal Practitioners Act. name of trial Judge. time occupied by the hearing on each day. (xlvi) To maintain the file in duplicate of judgments of the Court in appeals from Local Courts and to supply one copy of the file to Judges on circuit as required. (xliii) To call for all outstanding monthly statistical returns on the fifteenth day of each calendar month. 30 .containing the following particulars: (a) (b) (c) (d) (e) (f) title of cause. date of judgment and time occupied in delivering judgment. (xl) (xli) To maintain the Judge's Court Diary. (xlv) To keep the Rolls of Legal Practitioners. Cap. F. date of hearing.

These Rules may be cited as the Witnesses and Assessors Allowances Rules. shall be the Clerk of Sessions in respect thereof until an appointment under paragraph 1 takes effect. In these Rules. 3. In default of an appointment under paragraph 1 in respect of any particular Session. 2. . the senior of the Deputy Assistant Registrars at Lusaka or Ndola. unless the context otherwise requires- Title Interpretation "Judge" means the judge presiding at the proceedings in question. 2.SECTION 19 (3)-CLERKS OF SESSIONS Appointments by the Chief Justice Government Notice 296 of 1960 1. SECTION 31-THE WITNESSES AND ASSESSORS ALLOWANCES RULES Rules by the Chief Justice with the concurrence of the Minister responsible for Finance Government Notice 179 of 1964 Statutory Instrument 63 of 1964 120 of 1980 208 of 1986 177 of 1990 1. Witnesses and assessors who have duly attended at or for the Persons entitled proceedings at the instance of either or any party or the Court shall be entitled to allowances and expenses. as the case may be. When a Judge of the High Court has been named as the Judge who will hold any particular Session of the High Court. "witness" includes an interpreter who attends and interprets at any civil proceedings other than an interpreter employed by Government. unless the Judge or the Taxing Master shall for sufficient reason disallow the allowances or expenses of any such witness or assessor. the Deputy Assistant Registrar to such Judge shall be Clerk of Sessions in respect of that Session.

. earnings or other income by reason of his attendance does not exceed four hours... 177 of 1990) (2) The above-mentioned allowances will be paid during the time for which a witness or assessor is necessarily detained and for the time reasonably occupied in travelling. or (b) a reduction in any of the allowances provided for by this rule is justified in any particular case.. No.. 120 of 1980. (4) If in the opinion of the Judge or Taxing Master to whom a claim has been submitted in terms of rule 4 (1) or 5(a) a strict adherence to the above scales in any particular case would result in hardship.I. .4. he may at his discretion increase the amounts payable. .I. unless otherwise ordered by the Judge or Taxing Master exceed the sum of K75 per day if the witness has lost no wages or earnings or other income in attending the proceedings or the period during which he has been away from home or in respect of which he has lost wages.. Clerks. .. Others . . 250 150 500 350 Provided that the sum payable shall not.. . No. (As amended by S. No. 208 of 1986 and S. 120 250. (1) The allowances for witnesses and assessors shall be as follows: Minimum sum payable per day K Maximum sum payable per day K Amounts Class of persons Professional persons.. owners directors or managers of businesses and expert witnesses. . artisans and persons of similar status .. he may at his discretion reduce or disallow the amounts payable. . . (3) No additional allowance will be paid merely because the witness or assessor attends in respect of more than one case on the same day. ..

In the event of costs or witnesses' fees being allowed against any are public party other than the Government. No. any allowances payable under these Rules may. These Rules may be cited as the High Court (District Registrars) Rules. 2. (As amended by S. A District Registrar shall perform all the functions of the Registrar with respect to any cause or matter (including any cause or matter relating to bankruptcy or to the winding-up of a company) which is proceeding in the District Registry to which he has been appointed. other than functions relating to probate or the registration of foreign Government Notice 294 of 1960 Title Functions of District Registrars . No. the sums expended and claimed exceed what is reasonable. No. (1) In addition to any sum to which a witness or assessor may be Travelling entitled under the last preceding rule. 120 of 1980. 63 of 164. he may in his discretion reduce or disallow the amounts payable. be allowable officers in respect of public officers on production of a certificate signed by or upon the authority of the Permanent Secretary. and for necessary accommodation and subsistence. Ministry of Finance. (2) If in the opinion of the Judge or Taxing Master to whom a claim has been submitted for the reimbursement of expenses. all witnesses and assessors expenses provided for in rule 3 shall also be entitled to be reimbursed in respect of any expenses actually and reasonably incurred in travelling to and from the Court.5. at the discretion of the Judge or Taxing Officer. 208 of 1986) SECTION 41-THE HIGH COURT (DISTRICT REGISTRARS) RULES Rules by the Chief Justice 1. (3) If any witness or assessor travels by his own motor vehicle or motor cycle he may claim travelling expenses at the rate of forty ngwee per kilometre and twenty ngwee per kilometre respectively. setting out the cost incurred and the apportioned part of the public officer's salary in respect of time necessarily absent from duty in respect of attendance at or travelling to or from Court or any reasonable or necessary waiting time in connection with the proceedings.I. Witnesses who 6.

the grounds of appeal which shall be numbered consecutively. (4) The notice of appeal shall contain the name and address for service . unless the context otherwise requiresInterpretation Cap. forward one copy of the notice of appeal to the Clerk. an appellant may appeal from the whole or any part of the decision of the Board. SECTIONS 44 AND 45-THE HIGH COURT (INCOME TAX APPEALS) RULES Rules by the High Court Rules Committee Statutory Instrument 203 of 1968 1. 2. Cap. who shall after sealing each copy. In these Rules. (1) Any party to an appeal to the Board under the provisions of Notice of section one hundred and nine of the Act desiring to appeal to the High appeal Court shall within thirty days of the date of issue of the order containing the decision of the Board give notice of appeal as hereinafter provided. "Clerk" means the clerk to the Board upon whom a memorandum of appeal has been served for the purposes of the Tax Review Board Regulations. 323 "the Act" means the Income Tax Act.judgments. The notice of appeal shall be substantially in Form 1 of the Schedule and shall set forth concisely and under distinct heads. without argument or narrative. 323 3. and return the second copy of the notice of appeal to the appellant or his legal practitioner for service in accordance with the provisions of these Rules. (3) Subject to the provisions of section one hundred and eleven of the Act. These Rules may be cited as the High Court (Income Tax Appeals) Title Rules. (2) The notice of appeal shall be intituled in the proceedings from which it is intended to appeal and shall be filed in triplicate with the Registrar of the High Court. "Board" means the Tax Review Board.

The record of appeal shall be certified as correct by the Clerk and shall contain(a) (b) (c) a complete index. 5. 323 statement of facts.of the Clerk and the address for service of the respondent or his legal practitioner. (h) the order setting forth the decision of the Board. be in more than one volume. A record of appeal shall be paged consecutively throughout and every fifth line shall be indicated by numbering in the unbound portion of the margin. The title of the appeal shall appear on the outside cover. Contents of record of appeal (d) the memorandum of appeal and its accompanying documents. (g) all documents admitted as evidence or tendered as evidence and rejected. other than documents already included in paragraph (d). (1) The record of appeal shall be prepared by the Clerk and shall be Preparation of record bound in book form with an outside cover of stout paper and may. (5) The notice of appeal shall within fourteen days of the filing thereof be served by the appellant on the respondent or his legal practitioner. assessment and other notices served upon the Clerk in accordance with the provisions of rule 10 of the Tax Review Board Regulations. the notice of appeal to the High Court. (e) the minutes of the proceedings before the Board. (f) any statement of facts agreed by the parties for the purpose of an appeal to the Board. (2) The Clerk shall within thirty days after receiving the notice of appeal forwarded to him in accordance with the provisions of rule 3 prepare and forward the record together with one copy thereof to the Registrar of the High Court and shall also at the same time forward one copy of the record each to the appellant and to the respondent. Prescribe fees 6. the notice of cross-appeal (if any). if long. Cap. 4. Such fees shall be payable in respect of the appeal as shall be .

(1) An appellant may at any time withdraw an appeal by filing with the Registrar of the High Court and the Clerk a notice to the effect that he does not intend further to prosecute the appeal. 10. Where a respondent to an appeal intends. the appeal shall remain on the list for the purpose of hearing any issue as to costs or other matters outstanding between the parties. A Judge of the High Court may for sufficient reason extend the Extension of Withdrawal of appeal . A Judge of the High Court may at any time upon application order Security for security or further security for costs to be given and may order security costs to be given for the payment of past costs relating to the matters in question in the appeal and may make compliance with any such order a condition precedent to the entertainment of any appeal. 11.prescribed. he shall within fourteen days of the service upon him of the notice of appeal give notice of cross-appeal and the provisions of rule 3 so far as applicable shall apply mutatis mutandis to the notice of cross-appeal as if it were a notice of appeal. to contend that the judgment of the Board should be varied. failing agreement between the parties. 7. 9. (2) Where a notice is filed in accordance with the provisions of sub-rule (1). (3) The preparation of the record shall not be affected by the withdrawal of the appeal where a notice of cross-appeal has been filed unless the respondent also withdraws his cross-appeal. On any appeal to the High Court the appellant shall not without the Restriction on leave of the High Court put forward any ground of appeal other than grounds of those set out in the notice of appeal but the High Court in deciding an appeal appeal shall not be confined to the grounds put forward by the appellant: Provided that the High Court shall not allow an appeal on any ground not stated in the notice of appeal unless the respondent has had an opportunity of contesting the appeal on that ground. upon the hearing of the Cross-appeal appeal. 8. the appeal shall be deemed to have been dismissed without further order by the High Court but.

time for doing anything under these Rules. the High Court may strike out the appeal or may proceed to determine it after hearing the respondent or his legal practitioner present at the appeal. there is no Non-appearance appearance for the appellant. When at the time set down for hearing an appeal. or may adjourn it on such terms as it thinks fit. SCHEDULE (Rule 3) . the High Court may either hear the appeal or adjourn it upon such terms as it thinks fit. Where there is no appearance for the respondent. 13. time Notice of and place of the hearing of an appeal to be served upon the appellant and hearing respondent or their legal practitioners. time 12. The Registrar of the High Court shall cause notice of the date.

.... 19................ (name of appellant) being dissatisfied with the judgment of the Tax Review Board given at ..... upon the following grounds: (1) (2) etc........................................... appeals to the High Court against the whole judgment or against such part or parts of the said judgment as decides that (set out) .................day of . Title .................... Registrar of the High Court SECTIONS 44 AND 45-THE HIGH COURT (APPEALS) Statutory Instrument (GENERAL) RULES 6 of 1984 Regulations by the Chief Justice 1........ Dated at and his address for this . 19............... The Respondent's address for service is The name of the Clerk is service is ....FORM 1 IN THE HIGH COURT FOR ZAMBIA BETWEEN: Appellant and Respondent IN THE MATTER OF: NOTICE OF APPEAL Take notice that ...... Appellant (or his legal practitioner) Address for service To the Registrar of the High Court Filed at this ............. day of ............................................................ on the ...... These Rules may be cited as the High Court (Appeals) (General) Rules..... 19.... day of......................

within twenty-one days of the filing thereof. In these Rules. forward one such copy to the tribunal and return two such copies to the appellant or his legal representative. . 3. after sealing each copy. and (d) set forth concisely and under distinct heads. or his legal representative. the appellant shall serve one sealed copy of the notice of appeal on such respondent. authority (whether consisting of one person or more). (3) Four copies of the duly completed notice of appeal shall be filed with the Registrar who shall. give notice of appeal as hereinafter provided.C. unless the context otherwise requires- Interpretation "Registrar" means the Registrar of the High Court. or of the legal representative of such respondent. if any. the grounds of appeal. (b) be intituled in the proceedings from which it is intended to appeal. tribunal or other body (including a Minister) which is empowered by any written law to determine matters of judicial or quasi-judicial nature and from the decision of which an appeal lies to the High Court. (4) If there is a respondent to the appeal. (c) set out the name and address for service of the tribunal and of the respondent. (1) Any person desiring to appeal to the High Court from a decision Notice of of a tribunal shall. (2) The notice of appeal shall(a) be in form H.2. which shall be numbered consecutively. within thirty days of the date of the issue of the order appeal containing such decision. "tribunal" means any board. (A) (G) 1 set out in the Schedule hereto. without argument or narrative.

and (h) any other affidavits. 5.4. At the time of filing the notice of appeal. the record of proceedings before the tribunal. the notice of cross appeal (if any). each page shall be consecutively numbered throughout and every fifth line of each page shall be numbered in the unbound portion of the margin. (1) The appellant shall prepare the record of appeal which shall be bound in book form with an outer cover of stout paper and may. . (3) The record of appeal shall bear the title of the appeal on the outer cover. any affidavits filed before the tribunal. documents or other relevant material. Fees Record of appeal (f) all documents tendered in evidence before the tribunal. the notice of appeal. (2) The tribunal shall make available to the appellant copies of all relevant documents which are necessary for the purpose of preparing the record of appeal and which are in the exclusive possession of the tribunal. (4) The record of appeal shall contain(a) (b) (c) (d) (e) a list of its contents. the appellant shall pay to the Registrar such fees in respect thereof as the Chief Justice may from time to time determine. if extensive. be in more than one volume. exhibits. whether admitted in evidence or not. (g) the order setting forth the decision of the tribunal.

had had an opportunity of contesting the appeal on that ground. 6. (1) The appellant may. within fourteen days of such sealing. appeal (2) Without the leave of the High Court. within thirty days of receiving the certified copies referred to in sub-rule (5). if any. advance any ground of appeal other than those set out in the notice of appeal. (6) The appellant shall. 7. if satisfied in that behalf. the appellant shall not. in the notice of appeal. the High Court shall not be confined to the grounds advanced by the appellant: Provided that the High Court shall not allow an appeal on any ground not set out in the notice of appeal unless the tribunal and the respondent.(5) The appellant shall forward to the tribunal the record of appeal. appeal from the whole Grounds of or any part of the decision of the tribunal. if any. during the hearing of the appeal. (1) The appellant may withdraw the appeal at any time by filing with Withdrawal of the Registrar a notice of withdrawal in form H. forward(a) to the registrar the record of appeal and such number of copies thereof as the Registrar may determine. and such number of copies thereof as the Registrar may determine. certify as correct the record of appeal and each copy thereof forwarded to it. if any. the appeal shall be deemed to have been dismissed without further . (3) Where a notice of withdrawal is filed in accordance with sub-rule (1). (3) In deciding the appeal. (2) The appellant shall serve a sealed copy of the notice of withdrawal on the tribunal and on the respondent. (A) (G) 2 set out in the appeal Schedule. and (b) one copy thereof to the respondent.C. and the tribunal shall.

extend the time for doing anything under these Rules. Where a respondent to an appeal intends. (b) there is no appearance for the respondent. A Judge of the High Court may. the High Court may either hear the appeal or adjourn it upon such terms as it thinks fit. or on their legal representatives. the appeal shall remain on the list for the purpose of hearing any issue as to costs or other matters outstanding between the parties. 9. mutatis mutandis. the appellant and the hearing respondent. the High Court vexatious may dismiss the appeal summarily without calling on any person to appeals . 10. (A) (G) 3. The High Court may. to the notice of cross-appeal.order by the High Court but. the High Court may strike out the appeal or may proceed to determine it after hearing the respondent or his legal representative present at the hearing. to contend that the decision of the tribunal should be varied. failing agreement between the parties. 13. (1) If in the opinion of the High Court a notice of appeal discloses Frivolous or only grounds of appeal which are frivolous or vexatious.C. for sufficient reason shown in form H. summon any Attendance of person to attend. upon the hearing of the appeal. 8. witnesses in the matter to which the appeal relates. or may adjourn the hearing on such terms as it thinks fit. 14. produce documents or be examined or cross-examined. if any. he shall within twenty-one days of the service upon him of the notice of appeal give notice of cross-appeal and the provisions of rule 3 shall apply. If at the time set down for the hearing of an appealNon-appearance (a) there is no appearance for the appellant. The Registrar shall cause notice of the date. at the request of any party. A Judge of the High Court may at any time upon application order Security for security or further security for costs to be given and may order security costs to be given for the payment of past costs relating to the matters in question in the appeal and may make compliance with any such order a condition precedent to the continuation of any appeal. time and place of the Notice of hearing of an appeal to be served upon the tribunal. 12. Cross-appeal Extension of time 11.

if any. the High Court Rules shall apply. (2) The Registrar shall send a copy of an order made under subsection (1) to the tribunal. SCHEDULE (Rules 3(2). to an appeal under these Rules. or to their legal representatives. mutatis mutandis. Except as specifically provided in these Rules. 7(1) and 10) Application of High Court Rules FORMS . 15.attend the hearing of such appeal. the appellant and the respondent.

......... upon the following grounds: (1) (2) etc ...... The Respondent's address for service is ......... 19.................... day of ...................................................................... (A) (G) 1 REPUBLIC OF ZAMBIA IN THE HIGH COURT FOR ZAMBIA BETWEEN: Appellant and Respondent IN THE MATTER OF: Appeal from the judgment or decision of delivered on . this ......................................... Appellant (or his legal representati ve) Address for .......................C....................... on the day of ........................ being dissatisfied with the judgment or decision of given at ............................................................... 19.......................... NOTICE OF APPEAL Take notice that (name of Appellant)................................................ appeals to the High Court against the whole judgment or decision or against such part or parts thereof as decides that (set out) ........................................................... The name of the tribunal is and its address for service is Dated at .Form H..........

.............. Registrar of the High Court ............ To the Registrar of the High Court Filed at 19......... day of ..................service ........ this ............

................. day of ............................................. this .......................C.......................... (A) (G) 2 REPUBLIC OF ZAMBIA IN THE HIGH COURT FOR ZAMBIA BETWEEN: Appellant and Respondent IN THE MATTER OF: Appeal from the judgement or decision of delivered on ......... Dated at 19.............. NOTICE OF WITHDRAWAL Take notice that (name of Appellant) hereby withdraws his appeal in the matter hereinbefore set out.... To the Registrar of the High Court Filed at 19............... day of ................... Registrar of the High Court .................. ........................ this ....... Appellant (or his legal representative) Address for service ...........Form H.....................................

......... ......... NOTICE OF APPLICATION FOR EXTENSION OF TIME Take notice that (name of applicant/ respondent) in the appeal hereinbefore set out hereby applies for an extension of time within which to for the reasons and upon the grounds next following: (1) Reasons for being out of time: (2) Grounds for an extension: Dated at 19...............................Form H.... day of .......................... (A) (G) 3 REPUBLIC OF ZAMBIA IN THE HIGH COURT OF ZAMBIA Between: Appellant and Respondent IN THE MATTER OF: Appeal from the judgment or decision of delivered on ...................C.............................................................................................................. Appellant (or his legal representativ e) Address for service ............. this ..................... To the Registrar of the High Court Filed at this .............. day of ...

27 Government Notices 193 of 1933 44 of 1936 50 of 1937 142 of 1943 218 of 1944 165 of1950 174 of 1950 311 of 1952 312 of 1952 252 of 1954 22 of 1958 80 of1958 93 of1958 98 of 1958 113 of 1958 171 of 1958 235 of 1958 275 of 1958 106 of 1959 275 of 1959 136 of 1960 309 of 1960 311 of 1960 76 of 1962 179 of 1964 206 of 1964 207 of 1964 497 of 1964 Act 57 of 1964 Statutory Instruments 37 of 1964 63 of 1964 396 of 1967 252 of 1968 ..19. Registrar of the High Court SUBSIDIARY LEGISLATION HIGH COURT RULES MADE UNDER THE HIGH COURT ACT-CHAPTER 3 OF THE 1960 EDITION OF THE LAWS (Section 15 of the Interpretation and General Provisions Act) THE HIGH COURT RULES Rules by the High Court Rules Committee CAP......

and includes a Deputy Registrar and a District Registrar. "Probate Registry" means the branch of the Principal Registry that is set aside for the purpose of the exercise of probate jurisdiction. 30 . a Deputy Registrar or a District Registrar. 2. "Registrar" means the Registrar of the High Court. "taxing master" means the Registrar of the High Court. "taxing officer" means a taxing master or an Assistant Registrar Cap. "legal practitioner" means a practitioner as defined by the Legal Practitioners Act. "proper officer" means the Registrar or any Deputy Registrar. "Registry" includes the Principal Registry and a District Registry. "Principal Registry" means the office of the Registrar at Lusaka. District Registrar or Assistant Registrar and all Clerks to Judges and any other person especially appointed in that behalf by the Registrar. unless the context otherwise requires- Title Interpretation "District Registry" means a District Registry directed to be established under section thirty-nine of the Act.305 of 1968 92 of 1980 102 of 1980 6 of 1984 30 of 1984 105 of 1986 208 of 1986 92 of 1988 174 of 1990 109 of 1994 47 of 1995 71 of 1997 88 of 1997 1. These Rules may be cited as the High Court Rules. In these Rules.

Order XXVI. . Order XXV. XXI. XX. Computation of Time Miscellaneous Provisions Employment of Barristers and Advocates Evidence Writs of Summons and Originating Process Endorsement of Address Concurrent Writs Renewal of Writ Service of Process Appearance Default of Appearance Leave to Sign Judgment and Defend where Writ Specially Endorsed Parties Particulars of Claim Alteration of Parties Discontinuance of Suits Amendment Orders of Directions Default of Pleading Admissions Settlement of Issues Inquiries and Accounts Appearance of Parties Arrest of Defendant under Section 10 of Debtors Act Interim Attachment of Property Injunctions. XIV. XVI. No. VI. IV. (As amended by Nos. VII. XXII. Order XXVII. VIII. XI. These Rules are divided into the following Orders: Order Order Order Order Order Order Order Order Order Order Order Order Order Order Order Order Order Order Order Order Order I. Order XXIII. IX. V. XII. XVII. III. Fees. 106 and 275 of 1959. XIII.empowered by rule made under section seven of the Act to tax bills of costs. X. No. 309 of 1960. Order XXIV. 71 of 1997) 3. XV. II. etc. 76 of 1962 and Act No. XIX. etc. General Forms of Process. Orders Order XVIII.

on any Sealing of writ or process shall not be necessary in addition to sealing. ETC. XLVI. XLIV. OrderXXXVII. XLV. Counter-claim. Equitable Relief. ORDER I GENERAL FORMS OF PROCESS. Set-off Payment into and out of Court and Tender Applications and Proceedings in Chambers and in Court Place and Mode of Trial and Setting Down for Trial Recording of Proceedings Postponement of Hearing Order of Business Non-attendance of Parties at Hearing Judgment Recording of Judgments Affiliation and Maintenance of Children Act Review Costs Enforcement of Orders Execution Interpleader Procedure on Applications under Companies Act Reference to Arbitration Probate and Administration Civil Appeals Proceedings in District Registries Sittings and Vacations Recovery of Costs by Legal Practitioners Agency Allowance Proceedings By and Against the State Order XXXI. Order XXXIII. XLIII. LII. Order XXXIX. OrderXXXVIII. The signature of a Judge or the Registrar. FEES. Order XXXV. Order XXIX. unless process . L. Order XXXIV. Order XLVII. Order Order Order Order Order Order Order XL. Order XXXII. Order XLVIII. Order XXX. Order Order Order Order XLIX. XLI. Order XXXVI. as the case may be.Order XXVIII. LI. O. 1 1. XLII.

I. The fees specified in the Second Schedule shall be paid by the party Fees at whose instance they are incurred. The proper officer of the court whose duty it is to receive any Duty of officers document shall ensure that a proper fee is paid on any document before accepting the same.I. or forms to the like effect. 71 of 1997) 7. if it or he sees fit. with the payment of any fees. postal or bank certified cheque. with such variations as circumstances may require. dispense. The document on fees shall be paid before the document is presented at the Registry or payment of fees District Registry concerned. causes and proceedings to which they are applicable. (As amended by S. and unless so paid. Nos. No. from time to time. The document on which a fee is to be paid shall be the document Acceptance of indicated in the Third Column of the Second Schedule. Parts 1 to 5. 3. 106 of 1959) 2. using as guides those which may have been provided. 5. although such party may not have been formally admitted to sue or defend as a pauper. The forms in the First Schedule. The Court or a Judge may. and may be afterwards recovered as costs of cause. In proceedings for which forms are not provided in the First Schedule or prescribed by any Act or rules or orders of court. cash. may be Forms used in all matters. 71 of 1997) 8.signature is particularly prescribed by some law or rule of court. the docu-ment shall not be accepted. subject to the approval of the Court. if the Court or a Judge shall so order. the Registrar may. No. (As amended by S. (As amended by S.I. or for other sufficient reasons. The court fees or any other fees payable under these Rules shall be paid by stamps. Provision for additional forms 4. 6. frame the forms required. 71 and 88 of 1997). (No. on account of the poverty of any party. (1) When any document not requiring to be paid for is inadvertently Refund of fees Mode of payment of fees .

71 of 1997) 9. No. 165 of 1950) ORDER II COMPUTATION OF TIME 1. 10. No. 1. or any order or rule of court. by any section of the Act.I. Where.I. No. or the document is not presented to or is cases not accepted for filing by the Court. but shall commence at the beginning of the day of a limited time . or the course of the Court. the following rules shall apply: (a) The limited time shall not include the day of the date or of the Commence-ment happening of the event. (No. 71 of 1997. Except as otherwise provided by these Rules. Scale of costs O. any limited time from or after any date or event is appointed or allowed for the doing of any act or the taking of any proceeding. 71 of 1997. Parts 1 to 5 inclusive. (As amended by S. and (ii) the application is accompanied by the cancelled document which shall be attached by the proper officer of the Court to the voucher in support of the refund and shall henceforth be the property of the Government. costs shall be allowed to legal practitioners and taxed in accordance with the scale of costs set forth in the Third Schedule. be cancelled and substituted. Revoked by S.I. or How to be made any special order. and such time is not limited by hours. Revoked by S. 2 11. (2) The proper officer of the Court may refund the fees paid on any document cancelled under the provisions of sub-rule (1) to the party who paid the fees: Provided that(i) the application is made to the proper officer of the Court within thirty days of the date of cancellation of such document. the document may at the instance of the party by whom it was so paid for.paid for or when the fees paid exceed those laid down in the Second paid in certain Schedule.

or giving any notice. In any cause or matter in which there has been no proceeding for one year from the last proceeding had. (b) The act or proceeding must be done or taken at latest on the last When act to be day of the limited time. the following days shall not be reckoned as part of the time.next following that day. 37 of 1964) 2. in any suit. done (c) When the limited time is less than six days. but notice of trial although countermanded shall be deemed a proceeding within this rule. either party may apply to the Court or a Judge for an order to effect the object sought to have been obtained with the consent of the other party. 3. by consent. namely. No. or filing any document. Sundays and any public holidays. Save as in the last preceding rule mentioned. the party who desires to proceed shall give one month's notice to the other party of his intention to proceed. A summons on which no order has been made shall not. delivered or filed during any other part of such vacations unless by the direction of the Court or a Judge. Sunday or holdiday (As amended by S. if it is done on Saturday. and such order may be made although the application for the order is not made until after the expiration of the time allowed or appointed. Saturdays. not being one of those days. Where such consent cannot be obtained.I. 2. (No. delivered or filed during the last eleven days of the Michaelmas and Christmas vacations respectively. Saturdays. Summonses may be issued and pleadings may be amended. the act or Time expiring proceeding shall be considered as done or taken in due time. enlarge or abridge any of the times fixed for taking any step. Sundays and holidays (d) When the time expires on one of those days. or taken on the next day afterwards. delivering or filing any pleadings unless When pleadings may be delivered in the Michaelmas and Christmas vacations O. (No. the time of the Michaelmas and Christmas vacations in any year shall not be reckoned in the computation of times appointed or allowed in accordance with these Rules for amending. 106 of 1959) 4. Parties may. 309 of 1960) 5. 3 Enlargement or abridgement of time Length of notice after delay of one year Michaelmas and Christmas vacations not generally to be . but pleadings shall not be amended.

the Court or a Judge may. 2. if any.otherwise directed by the Court or a Judge. of pleadings ORDER III MISCELLANEOUS PROVISIONS 1. Injunctions. to be approved by the Court. and. 309 of 1960) reckoned in time for delivery. hear any particular cause or matter in the presence only of Court of the parties. rules 3 and 4. 3 respect of the following proceedings and matters. and payments of money into and out of such account shall be made in such manner and subject to such conditions as the Court may direct. What orders to be made 3. The sittings of the Court for the hearing of causes and matters shall Public or ordinarily be public. (No.. an account to be called "The High Court Account". etc. Subject to any particular rules. for a reason to be specified by it private sittings on the minutes. but the Court may. The Registrar shall keep an account of all moneys received and all payments made by him in the performance of his duties. with their legal advisers. whether such order has been expressly asked by the person entitled to the benefit of the order or not. (As amended by No. make any interlocutory order which it or he considers necessary for doing justice. shall cause to be opened at a bank. The Registrar may transact all such business and exercise all such Jurisdiction of authority and jurisdiction in respect of the same as under the Act or these Registrar Rules may be transacted or exercise by a Judge at chambers. that is to say: (a) All matters relating to criminal proceedings or to the liberty of the subject. Registrar to open and keep banking account . and the officers of the Court. (d) Reviewing taxation of costs. 309 of 1960) 4. in all causes and matters. (b) (c) Appeals from District Registrars. except in O. for the purpose of keeping the said account. save as provided in Order XL.

(As Amended by S. to cease from acting therein. for any special reason. But.5. witness or other person is unable to speak or understand the English language. 6. So help me God." 7. without an order for that purpose. Before so interpreting. until such notice is filed and a copy served. 71 of 1997) Interpreter ORDER IV O. the officer Receipts authorised to receive the fee shall endorse an initial on the document stating the fee paid and the number of the receipt recording the payment. by order of the Court or Consolidation a Judge. upon notice of such change being filed in the office of the Registrar. party. except under express agreement or unless re-engaged. but such advocate shall not be bound. A party suing or defending by a barrister or advocate in any cause or matter shall be at liberty to change his advocate in such cause or matter.I. 4. 2. the former advocate shall be considered the advocate of the party until final judgment. ensure that the proper fee is paid. before doing or performing such matter or thing. If. in any cause or matter. unless allowed by the Court or a Judge. any accused person. No. (2) The officer of the Court authorised to receive any fee for any matter or thing done or performed shall. and the Court or a Judge shall give any of causes or directions that may be necessary as to the conduct of the consolidated matters actions. to take any proceedings in relation to any appeal from such judgment. 5 EMPLOYMENT OF BARRISTERS AND ADVOCATES 1. (1) When any fee has been paid in respect of a document. such person shall swear an oath in the following form: "I swear that I will well and truly interpret and explanation make of all such matters and things as shall be required of me to the best of my skill and understanding. the Court or a Judge may direct a fit and proper person to attend and interpret the proceedings so far as may be necessary. be consolidated. (1) When it shall appear to the Court that any civil cause or matter has been commenced or carried on maliciously or without probable Change of practitioners during the hearing of a cause or matter Liability to pay costs . Causes or matters pending in the Court may.

to pay the amount thereof to the party to whom costs are given. (2) This rule shall not be construed to restrict the liability of any barrister or advocate in respect of the misconduct referred to in sub-rule (1) or any other misconduct for which he would otherwise be punishable. On the application of either party. Entries in books of account. ORDER V EVIDENCE I-Exclusion of Witnesses 1. or if it shall appear that any barrister or advocate has. shall be admissible in evidence whenever they refer to a matter into which the Court or a Judge has to inquire. Ordering witnesses out of court 2. or on its own motion.grounds. and the party by whom or on whose behalf such cause or matter has been so commenced or carried on has been represented therein by a barrister or advocate who had knowledge of such malice or lack of probable grounds. during any trial. 5 3. Such failure shall be deemed to have taken place if the client shall have refused or neglected to make payment after a demand has been made on him. with witnesses II-Documentary Evidence O. by any sort of deceit. . be liable. induced his client to enter into or continue any litigation. The Court may. on failure of his client to pay any costs which he may be ordered to pay. but this rule does not extend to the parties themselves or to their professional representatives. although intended to be called as witnesses. although no process of execution may have been issued against him. kept in the course of business with such Entries in books a reasonable degree of regularity as shall be satisfactory to the Court or a of account Judge. if the Court so orders. every such barrister or advocate shall. but shall not alone be sufficient evidence to charge any person with liability. take such means as it considers Preventing necessary and proper for preventing communication with witnesses who communication are within the Court House or its precincts awaiting examination. the Court may order witnesses on both sides to be kept out of court.

maps. (As amended by S. whether a party or not. Any person. 9. etc.I. All Proclamations. Public maps Examined or certified copies of documents admissible in evidence Production of 10. in a cause or matter may be documents summoned to produce a document. any copy thereof or extract therefrom shall be admissible in evidence. shall prima facie be deemed to be correct.I. and also printed and published books of reports of the decisions of the courts of such country. for the purposes of evidence. if he cause such document to be produced. The Government Gazette in Zambia and any Government Gazette of Government any Commonwealth Country may be proved by the bare production of Gazettes the Government Gazette. No. and shall be prima facie proof of any fact of a public nature which they were intended to notify. appointments. literature.4. maps or charts as the Court or a Judge shall charts. shall be admissible as evidence of the law of such country. and shall be admitted in evidence without further proof. and books proved to be commonly admitted in such courts as evidence of the law of such country. All maps made under the authority of any government or of any public municipal body. and. and other official communications of the Government. Books printed or published under the authority of the government of Foreign law a foreign country and purporting to contain the statutes. science or art. and not made for the purpose of any litigated question. No. if it or he shall think fit. whether legislative or executive. to science. without being summoned to give evidence. Acts of State. code or other written law of such country. consider to be of authority on the subject to which they relate. 71 of 1997) 5. 6. 7. On matters of public history. etc. the Court or a without giving . 63 of 1964 and S. the Court or a Books of Judge may refer. Whenever any book or other document is of such a public nature as to be admissible in evidence on its mere production from the proper custody. and no Act or statute exists which renders its contents provable by means of a copy. 8. Proof of Proclamations. if it purports to be signed and certified as a true copy or extract by the officer to whose custody the original is entrusted. nominations. appearing in any Gazette referred to in the last preceding rule may be proved by the production of such Gazette. such published books.

and the original or an office copy shall alone be recognised for any purpose by the Court or a Judge. on such terms as to time. the name of his informant shall be stated. place and circumstances of the information. if the form Court or a Judge is satisfied that it has been sworn before a person duly authorised. 18. and his Grounds of belief is derived from any source other than his own personal belief to be knowledge. 14. 15. An affidavit shall not contain extraneous matter by way of objection or prayer or legal argument or conclusion. An affidavit shall not be admitted which is proved to have been sworn before a person on whose behalf the same is offered. he shall set forth explicitly the facts and circumstances stated forming the ground of his belief. Every affidavit shall contain only a statement of facts and circumstances to which the witness deposes. costs or and re-swearing otherwise as seem reasonable. 16.Judge may dispense with his personal attendance. 5 Affidavits to be filed Not to be sworn 12. and named reasonable particulars shall be given respecting the informant. III-Affidavits 11. the original shall be filed in the Court. and the time. The Court or a Judge may permit an affidavit to be used Defective in notwithstanding it is defective in form according to these Rules. either of his own personal knowledge or from information which he believes to be true. evidence O. A defective or erroneous affidavit may be amended and re-sworn. Amendment by leave of the Court or a Judge. No extraneous matter Contents of affidavits 17. or before a partner or clerk of his Advocate. or before his before certain Advocate. When the belief of a witness is derived from information received Informant to be from another person. Before an affidavit is used in any proceeding for any purpose. When a witness deposes to his belief in any matter of fact. persons 13. .

trade or profession. affidavit is sworn shall be attested by the Commissioner. 106 of 1959) 20. alteration or erasure (unless the same be initialed by the Commissioner). (No. who shall affix to be attested his signature or initials in the margin immediately opposite to the interlineation. and shall be signed by the Commissioner. interlineation or alteration made before the Erasures. (e) Where an affidavit proposed to be sworn is illegible or difficult to read. The following rules shall be observed by Commissioners and others before whom affidavits are taken: (a) Every affidavit taken in a cause or matter shall be headed in the Court and in the cause or matter. and require the affidavit to be re-written in an unobjectionable manner. If improperly written Witness to sign Form of jurat Date and place . there shall also be exhibited therewith a typewritten or printed copy thereof certified in such affidavit to be a true and correct copy of the original. if he cannot write. (b) It shall state the full name. It shall state the date of the swearing and the place where it is sworn. 5 In first person (d) Any erasure. marked by him with his mark in the presence of the Commissioner). or is. residence and nationality of the witness. etc. and towards the left side of the paper. alteration or erasure. Rules in taking affidavits To be properly entitled Description of witness O. (f) The affidavit shall be signed by the witness (or.. (g) The jurat shall be written. without interlineation. immediately at the foot of the affidavit. Where any document referred to in an affidavit and exhibited Copies of thereto is a handwritten document other than a statement of account. numbered consecutively. exhibits book of account or extract therefrom. so written as to facilitate fraudulent alteration. in the judgment of the Commissioner. (c) It shall be in the first person and divided into convenient paragraphs. he may refuse to swear the witness.19.

it shall state the fact. in the new jurat. 5 immature age or want of religious belief. and that the witness appeared to understand it. and it shall appear by the jurat that each of them has been sworn to the truth of the several matters stated by him in the affidavit. (j) The Commissioner may refuse to allow the affidavit to be re-sworn. and. and that the mark was made in the presence of the Commissioner. (As amended by No. The Commissioner shall record in the attestation the reason of such declaration being taken without oath. unlawful. the Commissioner shall New jurat add a new jurat on the affidavit being re-sworn. to be altered in any manner without being re-sworn. If affidavit altered. ought not. their Joint affidavit several names shall be written in the jurat. the jurat shall state that fact. when sworn. in the opinion of the Commissioner. 106 of 1959) Certificate on exhibit . by reason of O. he shall mention the alteration. (h) The Commissioner shall not allow an affidavit. and may require a fresh affidavit. Where the witness makes a mark instead of signing. to be admitted to make a sworn affidavit. the declaration of Declarations any person affirming that the taking of any oath whatsoever is. or who. to be re-sworn (i) If the jurat has been added and signed. without oath according to his religious belief. and Illiterate or that the affidavit was read over (or translated into his own language in blind witness the case of a witness not having sufficient knowledge of English). In presence of Commissioner Where the witness is illiterate or blind. (l) Every certificate on an exhibit referred to in an affidavit signed by the Commissioner before whom the affidavit is sworn shall be marked with the short title of the cause or matter. Marksmen Where two or more persons join in making an affidavit.It shall state that the affidavit was sworn before the Commissioner or other officer taking the same. without oath. New affidavit (k) The Commissioner may take.

the document shall be marked as having been so tendered and rejected. or that any witness whose attendance in court ought. 23. order that any particular fact or facts may be proved by affidavit. on appeal. Where a question proposed to be put to a witness is objected to. any objection to the reception of evidence by a party affected thereby shall be made at the time the evidence is offered: Provided that the Court may. in its discretion. and at every stage thereof. V-Taking of Evidence 24. shall. (As amended by No. to be dispensed with be examined by interrogatories or otherwise before an officer of the Court or other person: Provided that. and mention on the notes whether the question was allowed to be put or not and. or that the affidavit of any witness may be read at the hearing or trial. entertain any objection to evidence received in a subordinate court. take a note of the question and objection. Marking of rejected documents When to be made . where it appears to the Court that the other party bona fide desires the production of a witness for cross-examination. but the Court may at any time. In every case. and subject to Evidence of these Rules. and that such witness can be produced. if put. for some sufficient cause. unless the objection appears frivolous. on such conditions as the Court may think reasonable.IV-Objections to Evidence 21. an order shall not be made authorising the evidence of such witness to be given by affidavit. the witnesses at the trial or any suit shall be examined viva witnesses. the answer to it. 218 of 1944) 22. if required by either party. how voce and in open court. In the absence of any agreement between the parties. for sufficient taken reason. the Where question objected to Court or a Judge. though not objected to at the time it was offered. Where a document is produced and tendered in evidence and rejected by the Court or a Judge.

although it affidavits is shown that the party against whom the affidavit is offered in evidence has had no opportunity of cross-examining the person making the affidavit. or that. and may empower any party to any such suit to give such deposition in evidence therein on such terms. How to be taken 27. 28. and that some person within the jurisdiction at the time of the application can give material evidence respecting the subject of the apprehended suit. in its discretion. if any. and at any place. subject to just exceptions: Provided always that the Court or a Judge may impose any terms or conditions with reference to the examination of such witness. make any order for the commission examination. shall be taken. and then the notes of the evidence shall be read over to the witness and be signed by him. 29. the Court may. of any witness or person. If the witness refuses. and the evidence so taken may be used at the hearing. and the statement may be used as if he had signed it. In any suit. admit an affidavit in evidence. as to the Court or a Judge may seem reasonable. . the officer of the Court or other person shall add a note of his refusal. and may order any deposition so taken to be filed in the Court. 26. 5 justice appear absolutely so to require (for reasons to be recorded in the Admission of minutes of the proceedings). if the interests of O. as nearly as may be. as the Court or a Judge may direct. before any officer of the Court or other person. but that he is about to leave the jurisdiction. on the application of any Evidence before person. Evidence on commission. as evidence at the hearing of a suit. when not directed to be taken upon interrogatories previously settled. and the admission of his evidence. before suit instituted. The Court or a Judge may. in any suite where it shall appear Evidence on necessary for the purpose of justice. where it is shown to the satisfaction of the suit instituted Court or a Judge on oath that the person applying has good reason to apprehend that a suit will be instituted against him in the Court. the person applying will lose the benefit of his evidence if it be not at once taken. Any party desiring to give in evidence any deed or other instrument Facilities for which shows upon the face of it that it has been duly executed may proving deed.25. from some other cause. Evidence may be taken in like manner.

whether he be the successful party or not. saving all just exceptions as to its admissibility. the party so notified shall neglect or refuse to give such admission. (2) The Court shall not issue any writ of summons which is not endorsed with or accompanied by a full statement of claim. unless and until the person applying for the issue of such commission or letter of request shall have paid into court by way of deposit. and if. not less than four clear days before the etc. upon production of such proof. the Court or a Judge may adjourn the hearing in order to enable the party tendering such deed or instrument to obtain proof of the due execution thereof. validity and contents. return day. such sum as the Court or a Judge shall consider sufficient to cover the expenses incurred. or likely to be incurred. (1) Except for petitions under the Constitution and Matri-monial Commencement Causes Acts and applications for writs of habeas corpus. The Court shall not issue any commission or letter of request abroad for the taking of evidence. be commenced by writ of summons endorsed with or accompanied by a full statement of claim. and. in connection with and in consequence of the grant of any such application. (3) The proper officer shall seal with the official seal the writs of . Where the Court or a Judge to which or to whom application is made for the issue of a commission for the examination of a person residing at a place not within Zambia is satisfied that the evidence of such person is necessary. a notice in writing specifying the date and nature of and the O. 31. 5. every action in of proceedings the Court shall. notwithstanding the provisions of any other written law. at or before the hearing of the suit.deliver to the opposite party. 6 parties to such deed or instrument. the Court or a Judge may order the costs of such proof to be paid by the party so neglecting or refusing. the Court may issue such commission or a letter of request. and requiring the opposite party to admit that the same was executed as it purports to have been. Commission or letter of request Not to issue until sum deposited in court to cover cost thereof ORDER VI WRITS OF SUMMONS AND ORIGINATING PROCESS 1. 30. or shall have given approved security for.

summons (As amended by S. 71 of 1997) 6. (As amended by S. S. (1) Whenever the plaintiff's claim is for a debt or liquidated demand Endorsement only. 71 of 1997) 2.I. if tested the office of the Chief Justice be vacant. No. besides stating the nature of the claim. 71 of 1997) 4. and O. Every writ of summons shall be endorsed with a statement of the nature of the claim made. No writ of summons shall be issued unless the proper fees have been Payment of fees paid. his advocate or agent. (No. 106 of 1959 as amended by No.I. shall state where claim is the amount claimed for debt or in respect of such demand. (As amended by S. No. No. No. No. and that the payment shall be made within the time allowed for appearance. Every writ of summons shall be in the appropriate form as set out in Form of writ of the First Schedule with such variations as circumstances may require.summons and the statement of claim where such statement of claim is on a separate sheet and shall return the copies to the person commencing the action. and shall further state that the defendant can pay the amount claimed and costs(a) into Court if the plaintiff or one of the two or more co-plaintiffs is resident ouside Zambia or is acting by order or on behalf of a person so resident.I. or of the relief or remedy required and shall. and shall be tested in the name of the Chief Justice or.I.I. Every writ of summons shall bear the date on the day on which it shall be issued. the endorsement. 63 of 1964 and S. and for costs liquidated respectively. state a time (to be fixed by the Registrar) within which appearance must be entered by the party sued or to be served. 309 of 1960. 71 of 1997) 5. subject to the other provisions of these Rules.I. in the name of the Judge or other person appointed to perform the functions of the Chief Justice. or (b) in all other cases to the plaintiff. 71 of 1997) Writs to be 3. No. 6 Endorsement of writ of summons . or if the defendant is making the payment by order or on behalf of a person so resident. (As amended by S.

(As amended by S. (As amended by S. on presenting any writ or summons for sealing.I. his advocate or agent. No. 71 of 1997) 9. be assigned to a Judge Assignment of who shall be responsible to monitor its pace and eventually hear the cause on filing cause. (As amended by S. and the action shall be distinguished by the date of the year. or by the plaintiff himself if he is proceeding in person. have the costs taxed. in the manner in which causes are now distinguished in such registers. No.I. Every writ of summons shall be sealed by the proper officer and shall thereupon be deemed to be issued. 71 of 1997) 7. No. (2) The endorsement for costs required by sub-rule (1) shall be as set out in Form 4 in the First Schedule. in Form 17 set out in the First Schedule. The plaintiff or his advocate shall. leave with the proper officer a copy. 6. No. and if more than one-sixth shall be disallowed. No.I. (As amended by S.I.I. 71 of 1997) 8. The proper officer receiving the copy shall file it and an entry of the O. and the copy shall be signed by or for the advocate. written or printed or partly written and partly printed of the writ and all the endorsement thereto. which is to be kept in the manner which civil causes registers marking are now kept.that upon such payment further proceedings will be stayed: Provided that where the defendant pays the amount into Court under this rule he shall give notice of the payment to the plaintiff. upon being commenced. the plaintiff's advocate shall pay the costs of taxation. 71 of 1997) Procedure on sealing Sealing . 71 of 1997) 10. (3) The defendant may. 106 of 1959 as amended by S. 7 filing thereof shall be made in a book to be called the Civil Causes Filing and Register. Every action shall. the letters and a number. notwithstanding a payment under this rule. to trial Judge (No.

the plaintiff shall also endorse on the writ of summons a proper place and postal address or either of them. which shall be not more than ten kilometres from such Registry. which shall not be more than ten kilometres from such Registry and either of the addresses within the limit aforesaid shall in such case be his address for service. his postal address and his occupation. 8 kilometres from the Registry at which the writ is issued. . in addition to the matters set out in sub-rule (1). either of such addresses shall be an address for service for the purposes of these Rules. Where plaintiff sues in person (2) If his place of residence and postal address are not more than ten O. (1) A plaintiff suing in person shall endorse upon the writ of summons his place of residence. add the name or firm and place of business of the principal advocate. No.7. or if he has no place of residence or postal address. 106 of 1959) Where the plaintiff sues by advocate 1. as the case may require. 71 of 1997) 2. and if his place of residence and postal address or either of them be more than ten kilometres from such Registry. and (c) if his place of business and postal address or either of them be more than ten kilometres from the Registry at which the writ is issued. a proper place and postal address or either of them. (2) Where any such advocate is only agent of another advocate.I. and either of the addresses which are not more than ten kilometres from such Registry shall be his address for service for the purposes of these Rules. (1) The advocate of a plaintiff suing by an advocate shall endorse upon the writ of summons- (a) the address of the plaintiff. he shall. as the case may require. (As amended by S. (b) his own name or firm and his own place of business and the postal address thereof.ORDER VII ENDORSEMENT OF ADDRESS (No.

and such seal shall be impressed upon the writ by the proper officer: Provided always that such concurrent writ or writs shall only be in force for the period during which the original writ in such action shall be in force. Where notice of a writ of summons is to be served on a defendant in Where notice is pursuance of Order X.(As amended by S. Address for orders. out of the jurisdiction. Where proceedings are commenced otherwise than by writ of summons. No. 71 of 1997) 3. as a concurrent writ of summons.I. how one or more concurrent writ or writs. 4. issue writ. Concurrent originating summons 3. each concurrent writ to bear teste issued of the same day as the original writ. and to be marked with a seal bearing the word "concurrent" and the date of issuing the concurrent writ. Proceedings not 5. proceedings and service written communications. the endorsements required by the served in lieu of preceding rules of this Order shall be made both on the writ and on the writ notice. pleadings. as the case may be. An address for service shall be an address where notices. if not required to be served personally. mutatis mutandis. may be left for or posted to the plaintiff or his advocate. 106 of 1959) 1. A writ for service within the jurisdiction may be issued and marked Concurrent as a concurrent writ with one for service. The plaintiff in any action may. ORDER VIII CONCURRENT WRITS (No. and a writ for service or within and . or whereof notice in lieu of writs for service service is to be given. A concurrent originating summons may be issued in the same manner. rule 18. 2. at any time of or at any time during Concurrent twelve months after the issuing of the original writ of summons. warrants and other documents. the preceding rules of this Order shall apply to the process by commenced by writ which the proceedings are originated as they apply to a writ of summons. summonses.

but if any defendant therein named shall not have been served therewith the plaintiff may. or for other good reasons. and so from time to time during the currency of the renewed writ. month and year of such renewal. and the Court or Judge if satisfied that reasonable efforts have been made to serve such defendant. such seal to be impressed upon the writ by the proper officer. upon delivery to him by the plaintiff or his Advocate of a memorandum in Form 12 in the First Schedule. with such variations as circumstances may require. and an originating summons for service out of the jurisdiction may be issued and marked as a concurrent originating summons with one for service within the jurisdiction. 2. may order that the original or concurrent writ of summons be renewed for six months from the date of such renewal inclusive. 10 Concurrent originating summons for service within and without the jurisdiction ORDER IX RENEWAL OF WRIT (No. shall be sufficient evidence of its having been so renewed. ORDER X .whereof notice in lieu of service is to be given. An originating summons for service within the jurisdiction may be issued and marked as a concurrent originating summons with one for service out of the jurisdiction. for more than twelve months from the day of the date thereof. from the date of the issuing of the original writ of summons. No original writ of summons shall be in force. may be issued and marked as a concurrent writ with one for service within the jurisdiction. without the jurisdiction O. apply to the Court or a Judge for leave to renew the writ. before the expiration of the twelve months. 8. showing the same to have been renewed in manner renewal aforesaid. and for all other purposes. The production of a writ of summons purporting to be marked with Effect of the seal of the Court. including the day of such date. Renewal seal 1. 4. 106 of 1959) Original writ in force for 12 months. and of the commencement of the action as of the first date of such renewed writ for all purposes. 9. and a writ of summons so renewed shall remain in force and be available to prevent the operation of any statute whereby the time for the commencement of the action may be limited. out of the jurisdiction. And the writ shall in such case be renewed by being marked with the seal of the Court and bearing the date of the day.

37 of 1964 and S. or if posted in a prepaid registered envelope addressed to the person to be served at the postal address for service as aforesaid: Provided that. notice. Acknowledgement of service entitle the plaintiff to enter final judgment. shall request the party served to acknowledge receipt by signing on the original or other copy of the process or on some other document tendered for the purpose. on the request of the party served. of which service is required may be made by any person. as defined by Orders VII and XI. Service may be effected by any person Document to be explained. the time at which the document so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof. (2) This rule does not apply in the case of documents for which special provisions for service have been made by any written law. where service under this rule is made by registered post. (2) Any person serving any document shall. summonses. summons. proceedings and written communications. Substituted order. No. proceeding or written communication service is required and it is made to appear to the Court or a Judge that prompt Mode and time of service.SERVICE OF PROCESS 1. 63 of 1964) 3. pleadings. (1) All writs. 10 process. default of appearance to which would. No.I. where not personal . notice. explain to such party the contents of such document. (S. notices. 106 of 1959 S. under Order X11. summons. in respect of which personal service is not requisite.I. order or other document.I. (3) Any person serving a writ of summons or other originating O. (1) Personal service of a petition. warrant or other document. shall be sufficiently served if left at the address for service of the person to be served. 30 of 1984) 2. orders. No. pleading. Where personal service of any writ. warrants and other documents. with any person resident at or belonging to such place. and the fact of any refusal to sign shall be so endorsed by the person serving. (As amended by No.

Where service is personal. public advertisement or otherwise. Service where no appearance or no address for service O. 109 of 1994) 6. as may be just. through a advocate. all writs. the document to be served shall be Personal service delivered to the person to be served himself. the Court or a Judge may make such order for substituted or other service. proceedings and written communications. or for the substitution for service of notice by letter. that such advocate is authorised to act in the cause or matter on his behalf.personal service cannot be effected. without the exhibition of any original. (As amended by No. summonses. (As amended by No. after having sued or appeared in person. which ought to be delivered to or served upon the party on whose behalf the notice is given. of service . An order for service may be varied. as the case may be. or where a party or his advocate. pleadings. from time to time. 106 of 1959) 4. orders. warrants and other documents. shall thereafter be delivered to or served upon such advocate. Where a party. has given notice in writing to the opposite party or his advocate. (As amended by No. 7. as the case may be. with respect Varying order to the mode of service directed by the order. Where no appearance has been entered for a party. orders. Service shall be completely effected by the delivery of a duplicate or attested copy of any document. Such notice shall contain all the particulars required from an advocate by Order VII or XI. Every application to the Court or a Judge for an order to be made under this rule shall be supported by an affidavit setting forth the grounds upon which the application is made. 10 Service of writ of summons Service upon advocate of party formerly appearing in person 8. notices. warrants and other documents. 106 of 1959) 5. notices. summonses. pleadings. proceedings and written communications in respect of which personal service is not requisite may be served by filing them with the Registrar. has omitted to give an address for service. Personal service of the writ on the defendant shall not be required where the defendant's advocate undertakes in writing to accept service on behalf of the defendant. all writs.

13. if it shall appear to the Court or a Judge that it may be most conveniently so served. (1) Where partners are sued in the name of their firm. the control or management of the partnership business there. it shall be sufficient service to deliver the writ or document at On prisoner the prison to the gaoler or person appearing to be the head officer in charge thereof. (As amended by S. at the time of the service. Where the person on whom service is to be effected is employed On person in and dwells in any lunatic or other public asylum or in any prison.9. 11. who shall cause the same to be served on such prisoner. In default of such notice. and such head officer shall cause the same to be served on the proper party accordingly. Service in a civil cause shall not be made on Sunday. Good Friday or Dies non Christmas Day. When the party to be served is in the service of the Government. for officers the purpose of being served on him. the writ or On partners other document shall be served either upon any one or more of the partners. Where the person on whom service is to be effected is a prisoner in O.I. and such service shall be deemed good service upon the firm. it shall asylum or be sufficient service to deliver the writ or document to the gatekeeper or prison lodgekeeper of such asylum or prison. the person served shall be deemed to be served as a partner. every person upon whom it is served shall be informed by notice in writing given at the time of such service whether he is served as a partner or as a person having the control or management of the partnership business. (2) Where a writ is issued against a firm. 71 of 1997) 12. . No. Service on the Registrar may transmit a duplicate of the document to be served to Government the head officer of the department in which such party is employed. 10. 10 a prison. or at the principal place within the jurisdiction of the business of the partnership upon any person having. (3) Service of a writ or other court process on a body corporate other than a company shall be effected on any office bearer. or in both characters. who shall cause the same to be served on such person.

or liability affecting land or hereditaments situate within the jurisdiction. the writ or document may be served by giving it to such agent. and such service shall be equivalent to personal service on the defendant. or (c) Any relief is sought against any person domiciled or ordinarily resident within the jurisdiction. originating summons or notice of motion may be allowed by the Court or a Judge whenever(a) The whole subject-matter of the action is land situate within the jurisdiction (with or without rents or profits). or made by or through an agent trading or residing within the jurisdiction on behalf of a principal trading or residing out of the jurisdiction. or it is one brought in respect of a breach committed within the jurisdiction of a contract wherever made. even though such breach was preceded or accompanied by a breach out of the jurisdiction which O. or of a notice of such writ of summons. set aside. of which the person to be served is a trustee.10 . or (d) The action is for the administration of the personal estate of any deceased person. or Where defendant resides out of but carries on business within jurisdiction When service out of the jurisdiction allowed (iii) by its terms or by implication to be governed by Zambian law. and such suit is limited to a cause of action which arose within the jurisdiction. 15. or (e) The action is one brought to enforce. rescind. originating summons or originating notice of motion. or under the name of a firm. will. or (b) Any act. rectified. through an authorised agent. who at the time of his death was domiciled within the jurisdiction. or enforced in the action or matter. obligation. dissolve. deed. Service out of the jurisdiction of a writ of summons. or the perpetuation of testimony relating to land within the jurisdiction. contract. which ought to be executed according to the law of Zambia. or for the execution (as to property situate within the jurisdiction) of the trusts of any written instrument.14. Where the suit is against a defendant residing out of but carrying on business within the jurisdiction in his own name. annual or otherwise affect a contract or to recover damages or other relief for or in respect of the breach of a contract(i) (ii) made within the jurisdiction. is sought to be construed.

delivery of possession by the mortgagee. No. foreclosure. Substituted service out of the jurisdiction of a writ. but does not seek (unless and except so far as permissible under paragraph (e)) any personal judgment or order for payment of any moneys due under the mortgage. 63 of 1964) 16. (b) that the deponent is advised and believes that the plaintiff has a good cause of action or right to relief.I. or (h) Any person out of the jurisdiction is a necessary or proper party to an action properly brought against some other person duly served within the jurisdiction. summons or notice for service out of the jurisdiction is issued then substituted service out of the jurisdiction of such O. (d) whether the defendant is a citizen of Zambia or not. 218 of 1944 as amended by S. originating summons. or (g) Any injunction is sought as to anything to be done within the jurisdiction. originating summons or originating notice of motion may be made ex parte to the Court or a Judge on deposit of the writ. or any nuisance within the jurisdiction is sought to be prevented or removed. or originating notice of motion or a concurrent writ of summons. re-conveyance. An application for leave to issue for service out of the jurisdiction a writ of summons. or (f) The action is founded on a tort committed within the jurisdiction. that is to say. delivery of possession by the mortgagor. (c) in what place or country the defendant resides or probably may be found. The affidavit shall state(a) the grounds upon which the application is made and the facts which bring the plaintiff's case within the class in respect of which service out of the jurisdiction may be allowed. No. sale. whether damages are or are not also sought in respect thereof.rendered impossible the performance of the part ofthe contract which ought to have been performed within the jurisdiction. or (i) The action is by a mortgagee or mortgagor in relation to a mortgage of personal property situate within the jurisdiction and seeks relief of the nature or kind following.I. (No. 63 of 1964) 17. summons or notice issued for service within the jurisdiction cannot be ordered but if a concurrent writ. summons or notice with the Registrar together with an affidavit in support of such application. 10 Substituted service out of the jurisdiction Application for leave to serve out of jurisdiction . 218 of 1944 as amended by S. redemption. (No.

In all cases where service of any writ or document shall have been Certificate of effected by a bailiff or other officer of Court. be prima facie evidence of service. (As amended by No. within three days at Endorsement on most after such service. summons or notice. endorse on the writ the day of the month and service week of the service thereof. specifying whether the same has been served and.10 . 106 of 1959) Return 21.concurrent writ. it shall be sufficient to inform the person to be served of the nature of the writ or document. No.I. In all cases the bailiff or other officer of Court charged with the service of any particular process shall not later than fourteen days after the receipt of the process render a return in Form 16 in the First Schedule to the Court in duplicate and the duplicate thereof shall thereupon be despatched by the proper officer to the party requiring the same to be served. A writ. if not. Where violence threatened Service on foreign person in foreign country 20. 218 of 1944 as amended by S. otherwise the plaintiff shall not be at liberty O. or his Advocates. 63 of 1964) 19. 106 of 1959) 22. without proof of signature. on production. a certificate of service in service Form 14 in the First Schedule signed by such bailiff or other officer shall. and to leave the writ or document as near such person as is practicable. Where a writ of summons. notice thereof and not the originating process itself shall be served upon such person. (No. The person serving a writ of summons shall. from personally serving the writ or document. summons or notice may be allowed. originating summons or originating notice of motion is issued for service out of the jurisdiction upon a person not being a citizen of Zambia. (No. giving reasons why the same has not been so served. (No. or any other person in concert with him. summons or notice issued for service out of the jurisdiction may be ordered to be served by substituted service whether outside the jurisdiction or within the jurisdiction and either with or without the issue of any concurrent writ. Where the officer of Court or person charged with the service of any writ or document on any person is prevented by the violence or threats of such person. 218 of 1944) 18.

in accordance with the rules and practice of the Court regulating service of process. (No. 106 of 1959) 23. together with the evidence of service to service by affidavit of the person effecting the service verified by a Registrar person empowered to take oaths. (b) Service of the process or citation shall be effected by an officer of the Court. and shall be transmitted to the Court by the Permanent Secretary.(except where service shall have been effected by an officer of the Court appointed under Part VIII of the Act) in case of non-appearance to proceed by default. Translation required Service by officer of the Court (c) Such service shall be effected by delivering to and leaving with Service. who shall certify the correctness of the charges or such other amount as shall be properly payable for the cost of effecting service. Where. (d) After service has been effected the process server shall return to Report of the Registrar one copy of the process. a letter of request from such court or tribunal for service on any person within the jurisdiction of any process or citation in such matter is transmitted to the Minister responsible for foreign affairs and such Minister considers that it is desirable that effect should be given to the same. Ministry of Foreign Affairs. how to the person to be served one copy of the process to be served and one be effected copy of the translation thereof. the following procedure shall be adopted: (a) The letter of request for service shall be accompanied by a translation thereof in the English language. and by two copies of the process or citation to be served and two copies thereof in the English language. Ministry of Foreign Affairs. This rule shall apply to substituted as well as other service. (f) The Registrar shall forward to the Permanent Secretary. for transmission to the foreign country Taxing master to certify charges Letter of request to be . and every affidavit of service of such writ shall mention the day on which such endorsement was made. (e) The particulars of charges for the cost of effecting service shall be submitted to the taxing master of the Court. in any civil or commercial matter pending before a court or Transmission of letter of request tribunal of a foreign county. and particulars of charges for the cost of effecting such service.

(1) A defendant shall enter appearance to a writ of summons by Mode of delivering to the proper officer sufficient copies of memorandum of entering appearance in writing dated on the day of their delivery. (b) No court fees shall be charged in respect of this service. who shall certify the amount properly payable in respect thereof. (g) Upon the application of the Attorney-General. the following procedure shall. in any civil or commercial matter pending before a court or tribunal in any foreign country with which a Convention in that behalf has been or shall be made and applied to the Republic. with such variations Foreign Affairs as circumstances may require. shall notify to the said consular or other authority the amount of the charges certified under paragraph (b). The defendant shall at the same time deliver to the . or indicating the reason for which it has not been possible to effect it. Where. be adopted: (a) The service shall be effected by the delivery of the original or a copy of the document. 106 of 1959) 1. 63 of 1964) 24. a request for service of any document on a person in Zambia is received by the Court from the consular or other authority of such country. (c)The Registrar shall transmit to the consular or other authority making the request a certificate establishing the fact and the date of service in person. (As amended by S. 10.concerned. at the same time. or stating that the defendant is defending in person. subject to any special provisions contained in the Convention. O. the letter of request for service received from the foreign returned to country together with the evidence of service. as indicated in the request. 11 Service of foreign documents in Zambia Substituted service ORDER XI APPEARANCE (No. and.I. and a copy of the translation to the party or person to be served in person by an officer of the Court. with a certificate Ministry of appended thereto in Form 49 in the First Schedule. and containing appearance the name of the defendant's advocate. The particulars of charges of the officer employed to effect service shall be submitted to the taxing master of the Court. duly sealed with the seal of the Court. No. the Court or a Judge may make all such orders for substituted service or otherwise as may be necessary to give effect to the above procedure.

(2) On receipt of these documents the proper officer shall forthwith enter the appearance as of the date of receipt of the memorandum of appearance and defence and shall seal them with the official seal showing the date on which they are sealed and shall post a copy to the defendant: Provided that no appearance shall be accepted which is received out of time. 71 of 1997) O. the defendant shall be at liberty to apply for further and better particulars of the statement of claim within the period specified for delivery of the memorandum and defence. . and (c) two envelopes each sufficiently stamped. and the other addressed to the postal address of the defendant entering the appearance. one addressed to the plaintiff's advocate or to the plaintiff if he sues in person at the postal address for service. (2) A memorandum of appearance not accompanied by a defence shall not be accepted. (As amended by S.proper officer sufficient copies of the defence and counter claim if any: Provided that before delivering the memorandum and defence. in lieu of delivering to the proper officer the Appearance by memorandum of appearance and defence. the defendant may. (b) sufficient copies of the defence and counter claim. enter the appearance through post the post by sending to the proper officer by pre-paid registered letter(a) sufficient copies of the memorandum of appearance duly completed. No.I. if any. (3) The proper officer shall seal the memorandum of appearance and defence and shall return the copies to the person filing them for service upon the plaintiff. 11 2. (1) In the case of a defendant desiring to enter the appearance in person.

to the plaintiff by: (a) leaving copies of the sealed memorandum of appearance and defence at the address given for service: or (b) sending the copies of the memorandum of appearance and defence by pre-paid letter directed to the postal address for service and posted on the date of entering the appearance in due course of post. 11 more than ten kilometres from the Registry in which the cause or matter is pending.I. 71 of 1997) 3. and either of the addresses which are not more than ten kilometres from such Registry shall be his address for service for the purposes of these Rules. which shall be not more than ten kilometres from such Registry. No. in addition to the matters set out in sub-rule (1). No. (1) The advocate of a defendant appearing by advocate shall state in Defendant's the memorandum of appearanceaddress for service (a) his own place of business and the postal address thereof. (1) A defendant appearing in person shall state in the memorandum When .(As amended by S. (2) Sub-rule (1) shall not apply to a defendant entering an appearance in person through the post under rule 2. 71 of 1997) 5. a proper place and postal address or either of them. he shall.I. 71 of 1997) 4. as the case may require. (1) A defendant shall. No.I. and (b) if his place of business and postal address or either of them be O. add the name or firm and place of business of the principal Advocate. give notice of the appearance to the plaintiff's advocate or appearance if a plaintiff sues in person. on the day of entering the appearance to a writ Notice of of summons. (As amended by S. (2) Where any such advocate is only agent of another advocate. (As amended by S.

defendant appears in person (2) If his place of residence and postal address are not more than ten kilometres from the Registry in which the cause or matter is pending. with such variations as circumstances may require. the defendant shall also state in the memorandum of appearance a proper place and postal address or either of them. address fictitious 7. continue in the name of the firm. warrants and other documents. nevertheless. No. either of such addresses shall be an address for service for the purposes of these Rules and if his place of residence and postal address or either of them be more than ten kilometres from such Registry. the proper officer shall forthwith enter the appearance in the Civil Causes Register. Memorandum of appearance Officer to enter memorandum 10. The memorandum of appearance shall be in Form 18 in the First Schedule. An address for service shall be an address where notices. the appearance may be set aside by the Court or a Judge. Where a writ is served under Order X. 11. may be left for or posted to the defendant or his Advocate.of appearance his place of residence and postal address.I. 71 of 1997) 6. no No appearance appearance by him shall be necessary unless he is a member of the firm except by . if not required to be served personally. Address for service orders. proceedings and written communications. as the case may require. Upon receipt of a memorandum of appearance. they Appearance of shall appear individually in their own names. pleadings. (As amended by S. which shall not be more than ten kilometres from such Registry and either of the addresses within the limit aforesaid shall in such case be an address for service. rule 11 (2). Where persons are sued as partners in the name of their firm. Memorandum irregular. upon a person O. but all subsequent partners proceedings shall. If the memorandum does not contain such address it shall not be received. 8. on the application of the plaintiff. summonses. 9. or if he has no place of residence or postal address. as the case may be. and if any such address shall be illusory or fictitious. 11 having the control or management of the partnership business.

be made that the questions as to the liability of the person served and the liability of the defendant firm may be tried in such manner and at such time or times as the Court or a Judge may think fit. . A advocate not entering an appearance in pursuance of his written Advocate not undertaking so to do shall be liable to an attachment. or (B) the person entering the appearance may apply to set aside the service on him on the ground that he was not a partner or liable as such. by leave of the Court or a Judge.sued. entering appearance 15. partners Appearance under protest of person served as partner Defendants appearing by same advocate 14. shall state in his appearance that he appears as landlord. 13. (2) the liability of the defendant firm in respect of the plaintiff's claim. rule 11. Any person appearing to defend an action for the recovery of land Landlord as landlord. If two or more defendants in the same action shall appear by the same advocate and at the same time. appear and land defend. or may leave that question to be determined at a later stage of the proceedings. 17. or he may at the proper time deliver a defence denying either or both (1) his liability as a partner. on the application of either party at any time. on filing an affidavit showing that he is in possession of the land either by himself or by his tenant. Any person not named as a defendant in a writ of summons for the Recovery of recovery of land may. but who denies that he was a partner at any material time". An order may. Any person served as a partner under Order X. A defendant may appear at any time before judgment. in respect of property whereof he is in possession only by appearing his tenant. the names of all the defendants so appearing shall be inserted in one memorandum. 12. Such appearance as long as it stands shall be treated as an appearance for the firm. Time of appearance 16. may enter an appearance stating therein that he does so as "a person served as a partner in the defendant firm. but who denies that he was a partner or liable as such at any material time. If an appearance is so entered (A) the plaintiff may apply to set it aside on the ground that the person entering it was a partner or liable as such.

or all the defendants if more than one. and an appearance. Any person appearing to a writ of summons for the recovery of land shall be at liberty to limit his defence to a part only of the property mentioned in the writ. Recovery of land. Such notice shall be served within four days after appearance. The notice mentioned in rule 19 shall be in Form 19 in the First Schedule. 22. A defendant before appearing shall be at liberty. 19. with such variations as circumstances may require. before they are heard. enter appearances. shall be deemed an appearance to defend for the whole. Where a person not named as defendant in any writ of summons for the recovery of land has obtained leave of the Court or a Judge to appear and defend. he shall enter an appearance. 12 Recovery of land limiting defence Form of notice 21. be entitled to any further time for any purpose. 20. Liquidated and the defendant fails. If he appears at any time after the time limited by the summons for appearance he shall not. (1) Where the writ of summons is endorsed for a liquidated demand. describing that part with reasonable certainty in his memorandum of appearance. and shall forthwith give notice of such appearance to the plaintiff's advocate. the demand . The parties served with an orginating summons shall. or in a notice intituled in the action and signed by him or his advocate. or to the plaintiff if he sues in person. A party so served may appear at any time before the summons hearing of the summons. or to discharge the order authorising such service. and shall in all subsequent proceedings be named as a party defendant to the action. intituled in the action against the party named in the writ as defendant. save as Appearance to otherwise provided. and give originating notice thereof. unless the Court or a Judge shall otherwise order. where the defence is not limited as above mentioned. 11. according to the foregoing rules of this Order. person not named defendant O. than if he had appeared according to the summons. ORDER XII DEFAULT OF APPEARANCE 1.18. to take out a aside writ summons or serve notice of motion to set aside the service upon him of the writ or of notice of the writ. without obtaining Motion to set an order to enter or entering a conditional appearance.

I. and there are several defendants. 71 of 1997) (2) Where the writ of summons is endorsed for a liquidated demand and there are several defendants. of whom one or more appear to the writ and another or others of them fail to appear. the plaintiff may enter interlocutory judgment. to Schedule. shall be ascertained in any way which the Court or Judge may direct.I. as against the defendant or defendants suffering judgment by default. (As amended by S. or either of them. the value and amount of damages. 71 of 1997) (3) Where the writ of summons is endorsed with a claim of pecuniary damages only. if any. No. of whom one or more appear to the writ. No. instead of a writ of Damages or detention of goods. and a writ of inquiry shall issue to assess the value of the goods and the damages. or the damages only. (As amended by S. and another or others of them fail to appear. or for detention of goods with or without a claim of pecuniary damages. fail to appear. may be assessed. instead of a writ of inquiry. of due service being filed. Form the date of the judgment and costs. against such as have not appeared and may issue execution upon the judgment without prejudice to his right to proceed with the action against those that have appeared. No. if more than one. 12 . upon an affidavit or certificate.plaintiff may enter final judgment for any sum not exceeding the sum endorsed. the plaintiff may enter final judgment. or either or them. as the case may be. or all the defendants. and may order that. unless the Court or a Judge shall otherwise direct: Provided that the Court or a Judge may order that. as in sub-rule (1). in respect of the causes of action disclosed by the endorsement on writ of summons: Provided that the Court or a Judge may order particulars to be filed before any assessment of damages. (As amended by S. at the same time as the trial of the action or issue therein against the other defendant or defendants. the plaintiff may sign interlocutory judgment against the defendant or defendants so failing to appear. as the case may be. 71 of 1997) (4) Where the writ is endorsed as in the last preceding sub-rule mentioned. as the 30 case may be. and the defendant fails. Several defendants Damages or detention of goods O. and the value of the goods and the damages. Several defendants Liquidated demand. First endorsed on the writ together with interest at the rate specified.I.

No. and proceed as mentioned in such of the preceding sub-rules as may be applicable. and any defendant fails to appear to the writ. rule 14. double value. in case the party served with the writ of summons does not appear within the time limited for appearance. shall be ascertain in any way which the Court or a Judge may direct. 71 of 1997) (9) In any action in which the plaintiff is claiming any relief of the nature or kind specified in Order XXX. 13 of rent. he may enter judgment as in the last preceding sub-rule mentioned for the land. 14 . or of the part thereof to which the defence does not apply. (7) Where the plaintiff has endorsed a claim for mesne profits. the value and amount of damages. arrears Mense profits O. and interlocutory judgment for the value of the goods and the damages. the action may proceed as if such party had appeared. r. and is further endorsed for a liquidated demand. detention of goods and liquidated demand (6) In case no appearance shall be entered in an action for the recovery Recovery of land of land within the time limited by the writ for appearance. (5) Where the writ is endorsed with a claim for pecuniary damages only. or if an appearance be entered but the defence be limited to part only.inquiry or trial. 30. the plaintiff may enter final judgment for the debt or liquidated demand. or for detention of goods with or without a claim for pecuniary damages. (As amended by S. Damages. upon the filing by the plaintiff of a proper affidavit or certificate of service. no judgment shall be entered in default of appearance without the leave of the Court or a Judge who may require the application for leave to be supported by such evidence as might be required if relief were being sought on originating summons under Order XXX. (8) In all actions not otherwise specifically provided for by the other sub-rules. upon a writ for the recovery of land. rule 14. or either of them. and may proceed as in the other proceding sub-rules mentioned as to such other claim so endorsed. interest and costs against the defendant or defendants failing to appear. 12. and may require notice of such evidence to be given to the defendant and to such other person (if any) as Default of appearance in actions not otherwise specifically provided for Default of appearance to proceedings under O. the plaintiff shall be at liberty to enter a judgment that the person whose title is asserted in the writ shall recover possession of the land. as the case may be. or damages for breach of contract or wrong or injury to the premises claimed. whether specially or otherwise. or the damages only.I.

together with interest. (As amended by No. Setting aside it shall be lawful for the Court or a Judge to set aside or vary such judgment by judgment upon such terms as may be just. accompanied by a copy of the affidavit and exhibits referred to therein. on affidavit made by himself. 218 of 1944) 2. default ORDER XIII LEAVE TO SIGN JUDGMENT AND DEFEND WHERE WRIT SPECIALLY ENDORSED 1. 106 of 1959 and S. No. the plaintiff may. 71 of 1997) 2. is given to Court may treat defend.the Court or a Judge may think proper. The Court or a Judge may thereupon. apply to the Court or a Judge for liberty to enter final judgment for the amount so endorsed. 14 Four day summons for leave to sign judgment.I. O. unless the defendant by affidavit. or by any other person who can swear positively to the facts. Where judgment is entered pursuant to the provisions of this Order. and may order the action to be forthwith set down for trial. and stating that in his belief there is no defence to the action. whether conditional or unconditional. No. if any. 13. (As amended by No. 14 3. Form 22 Summary judgment on specially endorsed writ O. Where the defendant appears to a writ of summons specially endorsed under rule 9 of Order VI. make an order empowering the plaintiff to enter judgment accordingly. by his own viva voce evidence or otherwise shall satisfy him that he has a good defence to the action on the merits. as the case may be. . the Court or a Judge shall have power to give all such directions summons for as to the further conduct of the action as might be given on a summons directions for directions under Order XIX. Where leave. and costs. 218 of 1944. FirstSchedule. verifying the cause of action and the amount claimed (if any). The application by the plaintiff for leave to enter final judgment under rule 1 shall be made by summons returnable not less than four clear days after service. or disclose such facts as may be deemed sufficient to entitle him to defend. or for recovery of the land (with or without rent or mesne profits) or for the delivering up of a specific chattel.

knew that the defendant relied on a contention which would entitle him to unconditional leave to defend. or where the plaintiff. Where a defendant . 14 persons liable thereto. the previously existing parties. it shall be expressed on the writ. (1) The costs of and incident to all applications under rule 1 shall be Costs under rule dealt with by the Registrar on the hearing of the application. the costs are to be costs in the cause. Where a person has jointly with other persons an alleged ground for Joint ground of instituting a suit. or in addition to. Costs of application when same dismissed ORDER XIV PARTIES 1. either as principals or sureties. all those other persons ought ordinarily to be made suit parties to the suit.4. (2) If the plaintiff makes an application under rule 1 where the case is not within the rule. or may refer them to the Judge at the trial: Provided that. If any plaintiff sues. in the opinion of the Registrar. 3. and he may proceed against any one or more of the persons severally or jointly and severally liable. 2. who shall 1 order by and to whom and when the same shall be paid. Where a person has a joint and several demand against two or more Joint and persons. Where more persons than one have the same interest in one suit. or any defendant is sued. one Where joint or more of such persons may be authorised to sue or to defend in such interest. it is not necessary for him to several demand bring before the Court as parties to a suit concerning that demand all the O. or no order as to costs is made. authorised to sue or defend for others 4. in case no trial afterwards takes place. in any of such cases the application may be dismissed with costs to be paid forthwith by the plaintiff. in any representative Suit on behalf capacity. parties may be suit for the benefit of or on behalf of all parties so interested. The Court or a Judge may of others order any of the persons represented to be made parties either in lieu of.

and such leave may be given upon such terms (if any) as the Court or a Judge shall think fit. as the case may be. at or before the hearing Non-joinder of a suit. The Court or a Judge upon the application of any party may give directions for service upon a new party of copies of any writ of summons or other document or process and also may give such other directions in relation to the adding of such new party as justice and the circumstances of the case may require. or who may be likely to be affected by the result. and failing to appear within the time limited by the notice for his appearance. or in such other manner as the Court or a Judge thinks fit to direct. the Court shall issue a notice to such persons. and. shall be bound by all proceedings in the cause: Provided that a person so served. indemnity or other remedy or relief over against any other person. 5. or claim some share or interest in. the Court or a Judge may adjourn the hearing of the suit to a future day. at any time before judgment in the suit. 218 of 1944) 6. and on such terms as appear to the Court or a Judge to be just. on proof of the due service of such notice. apply to the Court or a Judge for leave to appear. which shall be served in the manner provided by the rules for the service of a writ of summons. order that the name or names of any party or parties. (2) The Court or a Judge may. Claims by the Government Misjoinder . the subject-matter of the suit. as the case may be.claims contribution. to be fixed by the Court or a Judge. In such case. be struck out. (3) No suit shall be defeated by reason of non-joinder or misjoinder of parties. Claims by the Government against any person may be brought by the Attorney-General or by any officer authorised by law to prosecute such claim on behalf of the Government. whether he shall have appeared or not. at any stage of the proceedings. and direct that such persons shall be made either plaintiffs or defendants in the suit. have not been made parties. he may apply to have such person made a party to the suit. (1) If it shall appear to the Court or a Judge. (As amended by No. may. that all the persons who may be entitled to. the person so served. whether as plaintiffs or as defendants. improperly joined.

apply to the Court or a Judge for a statement of partners the names of the persons who are co-partners in any such firm. on such terms as to notice. if it appears inexpedient to try the different causes of action together. be amended or dismissed by the Court or a Judge. on its appearing that the defendant will not be prejudiced by the amendment: Provided that the Court or a Judge may refuse leave or grant it. particulars (As amended by S. as justice may require. The plaintiff shall not. In case a writ states two or more distinct causes of action. obtain a judgment for any sum Judgment not to exceeding that stated in the particulars.7. (As amended by S. on the application of the defendant. at the hearing. adjournment or costs as justice requires. Any persons claiming or being liable as co-partners may sue or be Proceedings by sued in the name of their respective firms (if any). the writ may. Particulars of claim shall not be amended except by leave of the Court or a Judge. in such case. order that the trials be had separately. Distinct causes of action in one writ O. the Court or a Judge may. and in the same rights. In case a writ states two or more distinct causes of action by and against the same parties. ORDER XV PARTICULARS OF CLAIM 1. on the application of any defendant. to be furnished in such manner and verified on oath or otherwise as the Court or a Judge may direct. No. either before or at the hearing. The Court or a Judge may. grant leave. notwithstanding that the sum claimed in the writ for debt or damages exceeds the sum stated in the particulars. . but not by Misjoinder of and against the same parties. 71 of 1997) 2. and make such order as to adjournment and costs as justice requires. 16 9. No. 14.I. and any party to an or against action may. but the Court or a Judge may. 8. 15. except for subsequent interest exceed claim and the costs of suit. or by and against the same parties but not actions in the same rights. order Further further or better particulars. on any application for claim leave to amend.I. 71 of 1997) Amendment of 3.

2. and if the cause of action shall not survive to the surviving plaintiff or plaintiffs alone. 16 Death of party if the cause of action survive. or against the surviving defendant or defendants alone. and the legal representative of the deceased plaintiff shall. If no application shall be made to the Court or a Judge by any person claiming to be the legal representative of the deceased plaintiff. No. The death of a plaintiff or defendant shall not cause the suit to abate. on the application of the legal representative of the deceased plaintiff. O. and against the surviving defendant or defendants. If there be two or more plaintiffs. 4. the suit shall proceed at the instance of the surviving plaintiff or plaintiffs. 71 of 1997) ORDER XVI ALTERATION OF PARTIES 1. any person interested may obtain from the Court or a Judge any order requisite for curing the defect. and if the cause of action survive to the surviving plaintiff or plaintiffs alone. not to abate suit. and one of them die. Cause of action surviving to surviving plaintiff or plaintiffs Cause of action surviving to surviving plaintiff and legal representative of deceased plaintiff Where change of interest. If there be two or more plaintiffs or defendants. Court may make order enabling suit to proceed . after the institution of a suit. if cause of action survives 3. Where. or the suit in any other way becomes defective or incapable of being carried on. or enabling or compelling proper parties to carry on the proceedings: Provided that any person served with such an order may within such time as the Court or a Judge in the order directs apply to the Court or a Judge to discharge or vary the order. but shall survive to them and the legal representative of the deceased plaintiff jointly. and one of them die. after notice to appear. enter the name of such representative in the suit in the place of such deceased plaintiff. and such legal representative of the deceased plaintiff. the Court or a Judge may.(As amended by S. the suit shall proceed at the instance of the surviving plaintiff or plaintiffs. and the suit shall proceed at the instance of the surviving plaintiff or plaintiffs.I. any change or transmission of interest or liability occurs in relation to any party to the suit. or any party to the suit dies or becomes incapable of carrying on the suit.

be interested in. or to representative decide. 16. make such order for bringing in the legal representative of the deceased sole plaintiff or surviving plaintiff. on the application of the legal representative of such plaintiff. and also in case of the death of a sole defendant or sole surviving defendant. unless the Court or a Judge shall see cause to direct otherwise. 6. and shall be bound by the judgment given in the suit. 7. In case of the death of a sole plaintiff. before the hearing of the suit. O. it shall be competent to the Court or a Judge either to legal stay the suit until the fact has been duly determined in another suit. and for proceeding with the suit in order to reach a final determination of the matters in dispute. it shall be competent to the Court or a Judge to make an order that the suit shall abate. and upon such terms as to costs as may seem fit. to be recovered from the estate of the deceased sole plaintiff or surviving plaintiff. if no such application shall be made to the Court or a Judge within what it or he may consider a reasonable time by any person claiming to be the legal representative of the deceased sole plaintiff or sole surviving plaintiff. and the cause of action shall not survive against the surviving defendant or defendants alone. 5. and the case shall thereupon proceed in the same manner as if such representative had originally been made a defendant and had been a party to the former proceedings in the suit. and the suit shall thereupon proceed. who shall be admitted to be such legal representative for the purpose of prosecuting the suit. and shall issue an order to him to appear on a day to be therein mentioned to defend the suit. and the Court or a Judge shall thereupon enter the name of such representative in the suit in the place of such defendant. 17 Death of one of several defendants or of a sole surviving defendant . and one of them die. if it or he thinks proper. as may appear just and proper in the circumstances of the case. enter the name of such representative in the place of such plaintiff plaintiff in the suit. the Death of sole or surviving Court or a Judge may. or the Court or a Judge may. the plaintiff may make an application to the Court or a Judge specifying the name. in the same manner as if the suit had proceeded at his instance conjointly with the surviving plaintiff or plaintiffs. where the action survives. and to award to the defendant the reasonable costs which he may have incurred in defending the suit. If there be two or more defendant. on the application of the defendant. or sole surviving plaintiff. If any dispute arise as to who is the legal representative of a Dispute as to deceased plaintiff. and whom he desires to be made the defendant in his stead. description and place of abode of any person whom the plaintiff alleges to be the legal representative of such defendant.

with respect to the matter so discontinued or withdrawn. unless the Court or a Judge shall otherwise order. 18. the defendant may. such discontinuance or withdrawal may. After the receipt of such notice. for the same or substantially the same cause of action. If. 17. If. unless the assignee or trustee shall decline to continue the suit and to give security for the costs thereof. he shall give notice in writing of discontinuance or withdrawal to the Registrar and to every defendant as to whom he desires to discontinue or withdraw. be allowed on such terms as to costs and as to any subsequent suit and otherwise as to the Court or a Judge may seem just. plead the bankruptcy of the plaintiff as a reason for abating the suit. or to withdraw of suit any part of his alleged claim. before the date fixed for the hearing. than those incurred up to the receipt of such notice. in the discretion of the Court or a Judge. If any subsequent suit shall be brought before payment of the costs of a discontinued suit. the plaintiff desires to discontinue any suit or to withdraw any part of his alleged claim. ORDER XVII DISCONTINUANCE OF SUITS Discontinuance 1. The Court or a Judge may. 19 Stay of subsequent suit ORDER XVIII AMENDMENT 1. or if a defendant desires to discontinue or withdraw his counter-claim or any part thereof. within eight days after such neglect or refusal. in any other case. such defendant shall not be entitled to any further costs. shall not be a plaintiff valid objection to the continuance of such suit. and such defendant may apply ex parte for an order against the plaintiff for the costs incurred before the receipt of such notice and of attending the Court or a Judge to obtain the order. if the assignee or trustee neglect or refuse to continue the suit and to give such security within the time limited by the order. in any suit which the assignee or Bankruptcy of trustee might maintain for the benefit of the creditors. at any stage of the proceedings. the Court or a Judge may order a stay of such subsequent suit until such costs shall have been paid. Such discontinuance or withdrawal shall not be a defence to any subsequent suit. order any Under what . The bankruptcy of the plaintiff. within such reasonable time as the Court or a Judge may order. the plaintiff desires to discontinue any suit against all or any of the defendants. O. 2.8.

circumstances ORDER XIX ORDER OF DIRECTIONS 1. give directions with respect to the following matters: (a) (b) (c) (d) (e) (f) reply and defence to counter claim. the defendant may. No. 2. for sufficient reason. embarrass or delay the fair trial of the suit. and all such amendments as may be necessary or proper for the purpose of eliminating all statements which may tend to prejudice. the Court may. (As amended by S. 20. not later than fourteen days after appearance and defence have been filed. Notwithstanding rule 1. if any. The Court or trial Judge shall. Every such order shall be made upon such terms as to costs or otherwise as shall seem just. enter final judgment or interlocutory judgment. the real question or questions in controversy between the parties.I.proceedings to be amended. and place and mode of trial: Order of directions Provided that the period for doing any of these acts shall not exceed 14 days. inspection of documents. interrogatories. 21 Default of plaintiff in delivering defence to counter claim . 71 of 1997) ORDER XX DEFAULT OF PLEADING 1. 71 of 1997) O. and for the purpose of determining. as the case may be. admissions. at the expiration of such time. extend Liberty to apply the period within which to do any of the acts specified in rule 1. (As amended by No. discovery of documents. shall be so made. whether the defect or error be that of the party applying to amend or not. If the plaintiff fails to deliver a defence to the counter claim within the time allowed for that purpose by the order for directions. in the existing suit.

No. 3. default (As amended by S. In probate actions. Any party to a suit may give notice. whatever be the result of the suit. 71 of 1997) ORDER XXI ADMISSIONS 1. (As amended by S.I. No. 2. the action may proceed to trial. if any defendant defaults in filing a memorandum Probate action of appearance and defence. by his own statement or Notice of otherwise. that he admits the truth of the whole or any part of the case admissions stated or referred to in the writ of summons. notwithstanding the default (As amended by S. whether under this Order of under any of Setting aside these Rules. 71 of 1997) 3. the costs of proof of the document or fact shall be paid by the party refusing or neglecting to admit. In case of refusal or neglect to admit after notice. statement of claim. . Notice to admit Costs on refusal to make reasonable admissions 4. may be set aside by the Court or a Judge. upon such terms judgment by as to costs or otherwise as the Court or Judge may think fit. unless the Court or a Judge is of opinion that the refusal or neglect to admit was reasonable. any document or fact. shall enter judgment on such terms and conditions. If the plaintiff and defendant shall agree as to the terms and Judgment by consent conditions on which judgment shall be entered.I. the Court or a Judge. 71 of 1997) Proceedings 4. Any judgment by default. defence or other statement of any other party.I. No.2. and any application for the leave shall be made by notice of motion or summons served not less than seven days before the return day. saving just exceptions. unless it or he sees good reason to the contrary. In proceedings against the Government. Any party may call upon any other party to admit. no judgment for the plaintiff shall be entered in default of pleading without the leave of the against the Government Court or a Judge.

No. 22. for cancelled judgment Application on on admissions where admissions of facts or part of a case are made by a admissions party to the cause or matter either by his pleadings or otherwise. enter judgment for the plaintiff for the whole amount or the part admitted. If any defendant shall sign a statement admitting the amount O. on such terms as it shall seem fit.I. in case the plaintiff shall not consent to judgment for the part admitted. 71 of 1997) 2. and also. or in case the plaintiff consents to a judgment for the part admitted. on motion or summons. 71 of 1997) ORDER XXII SETTLEMENT OF ISSUES 1. (As amended by S. if it shall appear to the Court necessary for the purpose of determining the real question or controversy between the parties. The parties shall.I. without such consent. in any civil cause or matter requiring any prolonged examination of documents or accounts or any scientific or local examination which Questions of fact or of account may be investigated by . and unless it or he sees good reason to the contrary. the Court or a Admission by Judge. as the case may be.I. (As amended by S. No. the Court may amend the issues or frame additional issues. and. or questions partly of law and partly of fact except that this rule shall not apply where the parties appear in person. (As amended by S. No.5. shall receive such statement in evidence as an admission without further proof. in case the whole amount is admitted. At any time before the decision of the case. A party may apply. 71 of 1997) Amendment of framing of additional issues Settlement of issues ORDER XXIII INQUIRIES AND ACCOUNTS 1. settle the issues in writing by stating the questions in controversy between them and stating the questions of law on admitted facts and questions of disputed fact. 6. on being satisfied as to the genuineness of the signature of the defendants person before whom such statement was signed. 23 claimed in the summons or any part of such amount. In any civil cause or matter in which all parties interested who are under no disability consent thereto. shall. on setting down the action for trial. 21.

and every such inquiry shall be conducted in the same manner. to attend upon the referee during the inquiry. The instructions shall specify whether the referee is merely to transmit the proceedings which he may hold on the inquiry. the referee shall have the same authority in the conduct of any inquiry as a Judge when presiding at any trial. and shall direct the parties. at any time. and have any inspection or view which he may deem expedient for the disposal of the controversy before him. Where an order has been made under rule 1. evidence shall be taken at any inquiry before a referee. at any stage of the proceedings. 23 Instructions to referee Interim inquiries or accounts 4. to be investigated or tried before a referee. as to which it may be proper that the cause or matter should proceed in the ordinary manner. hold General powers the inquiry at or adjourn it to any place which he may deem most of referee convenient. as trials before a Judge. direct any necessary inquiries or accounts described in rule 1 to be made or taken. to be agreed on between the parties or appointed by the Court or a Judge. in the opinion of the Court or a Judge. notwithstanding that it may appear that there is some special or further relief sought for or some special issue to be tried. on such terms as it or he may think proper. so far as practicable. conveniently be made by referee the Court in the usual manner.cannot. order any question or issue of fact. 2. as nearly as circumstances will admit. but not so as to make the tribunal of the referee a public court of justice. the Court or a Judge shall furnish the referee with such part of the proceedings and such information and detailed instructions as may appear necessary for his guidance. Subject to any order as mentioned in the last preceding rule. or any question of account arising therein. if necessary. the Court or a Judge may. 6. 5. O. proceed with the inquiry de die in diem. Subject to any order to be made by the Court or a Judge ordering the Evidence inquiry. subject to the order of the Court or a Judge. and the attendance of witnesses may be enforced by subpoena. He shall. 3. The referee may. Referee's authority in the inquiry . The Court or a Judge may. or also to report his own opinion on the point referred for his investigation.

in respect of matters before a referee. submit any question arising therein for report questions the decision of the Court. The proceedings and report in writing of the referee shall be received in evidence in the case. 24. The Court shall have power to require any explanations or reasons Powers of Court from the referee. 10. and shall pass such ultimate judgment or order as may appear to be right and proper in the circumstances of the case. before the conclusion of any inquiry before him. permit any other person who shall satisfy the Court or a Judge that he has authority in that behalf to appear for such plaintiff or defendant. or facts specially Effect of report 9. 2. that any plaintiff permit party to or defendant who may not be represented by counsel or advocate is appear by proxy prevented by some good or sufficient cause from attending the Court in person. 25 further inquiry or consideration to the same or any other referee. but the Court may. Limitation in certain particulars 8. for O. or Referee may by his report under the reference. and the Court shall have power to draw such inferences from the proceedings or report as shall be just. Nothing in these Rules contained shall authorise any referee to commit any person to prison or to enforce any order by attachment or otherwise. as often as may be necessary. ORDER XXIV APPEARANCE OF PARTIES 1. or state any facts specially. and knowing himself not to be so authorised. 23. not being lawfully authorised thereunto. The referee may. make any order of attachment or commitment it may consider necessary. or any part thereof. in case it Court may shall appear. the Court or a Judge may. Proceeding without authority ORDER XXV ARREST OF DEFENDANT UNDER (No. shall be guilty of a contempt of court. to the satisfaction of the Court or a Judge. in its or his discretion. 218 . Any person doing any act or taking any proceeding in the name or on behalf of another person. unless the Court may have reason to be by referee dissatisfied with them.7. In every civil cause or matter pending before the Court. and to remit the cause or matter.

if he sue in person. and upon receiving the bond or other security. Endorsement on order to arrest 4. signed or attested by the plaintiff's advocate if he have one. 26 Judge either one surety or more than two). or. stating in the notice the particulars of his objections. The security to be given by the defendant may be a deposit in Court Security by defendant of the amount mentioned in the order. Unless otherwise ordered. Court 6. 5. It shall be lawful for the Court or a Judge before making the order to Costs of arrest arrest. 77 1. Cap. the costs of and incidental to an order of arrest shall be costs in the cause. Control of the shall be subject to the order and control of the Court or a Judge. It shall be the duty of the plaintiff to obtain an appointment for that purpose. An order to arrest shall before delivery to the Sheriff be endorsed with the plaintiff's address for service as required by Order VII. or by the plaintiff. within four days after receiving particulars of the names and addresses of the proposed sureties. In such case the sufficiency of the security shall be determined by the Registrar who shall have power to award costs to either party. give notice that he objects thereto. and unless he do so within four days after giving notice of objection. or for such other relief as may be just. 3. a receipt shall be given. and the security. and all proceedings thereon. The delivery of such receipt or a certificate to the Sheriff or other officer Costs Completion of security and discharge from custody . but the defendant may at any time apply to the Court or a Judge to rescind or vary the order or to be discharged from custody.SECTION 10 OF DEBTORS ACT of 1944) Form of application and order to arrest. 7. to require the plaintiff to deposit in Court such sum as the Court or a Judge may think sufficient for the costs of arresting the defendant and of conveying him to prison. with the plaintiff's consent any other form of security. 25. The plaintiff may. 2. or a bond to the plaintiff by the defendant and two sufficient sureties (or with the leave of the Court or a O. Upon payment into Court of the amount mentioned in the order. a certificate to that effect shall be given. The money deposited. the security shall be deemed sufficient. An order to arrest under section ten of the Debtors Act shall be made upon affidavit and ex parte.

No. to order otherwise. and.executing the order. to direct that any property. The Court or a Judge may release the person so imprisoned on failure by the plaintiff to pay the subsistence money. at the time of making the application. belonging to the defendant. 71 of 1997) 8. or to remove any such property from the jurisdiction. endorse on the order the true date of such arrest. shall be attached until the further order of the Court or a Judge. to the best of his information and belief. and the plaintiff shall. ORDER XXVI INTERIM ATTACHMENT OF PROPERTY 1.I. The amount so disbursed may be recovered by the plaintiff in the suit. No. on his failing to give such security. shall entitle the defendant to be discharged out of custody. the plaintiff may apply to the Court or a Judge. with intent to obstruct or delay the execution of any O. to call upon the defendant to furnish sufficient security to fulfil any decree that may be made against him in the suit. either at the time of the institution of the suit. unless the Court or a Judge shall otherwise order. 71 of 1997) 2. The Court subsistence of or a Judge shall fix whatever allowance it or he shall think sufficient for person arrested such subsistence or per diem. or in the case of serious illness. The Sheriff or other officer named in an order to arrest shall. the defendant is about to dispose of or remove his property with . (As amended by S. The application shall contain a specification of the property required Application for to be attached and the estimated value thereof. During the period of such person's stay in hospital. If the defendant. is about to dispose of his property. in any case. or any part thereof. so far as the plaintiff can attachment reasonably ascertain the same. within Date of arrest two days after the arrest.I. unless the Court or a Judge shall see fit. in any suit for an amount or value of fifty thousand In what cases kwacha or upwards. or at any time thereafter until final judgment. The expenses incurred for the subsistence in prison of the person so Cost of arrested shall be paid by the plaintiff in the action in advance. (As amended by S. movable or immovable. 26 decree that may be passed against him. the subsistence allowance shall be paid by the plaintiff. declare that. 9. order his removal to hospital.

remove the same on the defendant furnishing security attachment as hereinbefore required together with security for the costs of the attachment. that any property which is in dispute in the suit is in danger damage or of being wasted. Where defendant fails to show cause or give security. to produce and place at the disposal of the Court. In all cases of attachment before judgment. or to furnish the required security within the time fixed by the Court or a Judge. the said property. 6. the Court or a Judge shall order the attachment to be withdrawn. it shall be alienation . and the property specified in the application. 27 1. if not already attached. the Court or a Judge Removal of shall. damaged or alienated by any party to the suit. in the event of any claim being preferred to the property parties not to be attached before judgment. or any portion of it. the Court or a Judge may direct that the property specified in the application. within a time to be fixed by the Court or a Judge. after making such investigation as it or he Form of order may consider necessary. in such sum as may be specified in the order. The Court or a Judge may also. with intent to obstruct or delay the execution of the decree. or the value of the same. in the order. at any time. or such portion thereof as shall be sufficient to fulfil the decree. or to appear and show cause why he should not furnish security. when required. If the Court or a Judge. and. shall be attached until further order. such claim shall be investigated in the affected manner prescribed for the investigation of claims to property attached in execution of a decree. ETC. until further order. shall have been attached. O. direct the attachment. shall be satisfied that the defendant is about to dispose of or remove his property. 4. 3. The attachment shall not affect the rights of persons not parties to Rights of third the suit.such intent as aforesaid. or a Judge. Form 29 5. either to furnish security. or furnish the required security. or such portion thereof as may be sufficient to fulfil the decree. ORDER XXVII INJUNCTIONS. to the satisfaction of the Court To stay waste. of the whole or any portion of the property specified in the application. In any suit in which it shall be shown. If the defendant fail to show such cause. If the defendant show such cause. it shall be lawful for the Court or a Judge to order the defendant. First Schedule.

for the purpose of staying and preventing him from wasting. 2. and to grant to such receiver or manager all such powers for the management or the preservation and improvement of the property. preservation or inspection of any property being the subject of such suit. to authorise any person or persons to enter upon or into any land or building in the possession of any party to such suit. to apply to the Court or a Judge for an injunction to restrain the defendant from the repetition or the continuance of the breach of contract or wrongful act complained of. and whether before or after judgment. as to the Court or a Judge may seem proper. as to the Court or a Judge may seem meet. It shall be lawful for the Court or a Judge. to make any order for the sale by any person named in goods such order. which may be of a perishable nature. 28 . and. upon the application of any party to a suit. In any suit for restraining the defendant from the committal of any breach of contract or other injury. and whether the same be accompanied by any claim for damages or not.Appointment of lawful for the Court or a Judge to issue an injunction to such party. and upon such terms as may seem just. It shall be lawful for the Court or a Judge. and. and. or the committal of Detention and inspection of property in dispute Orders to restrain breaches of contract or tort O. 3. commanding him to refrain from doing the particular act complained of. or any observations to be made or experiments to be tried. for all or any of the purposes aforesaid. for all or any of the purposes aforesaid. damaging or alienating the property. wares or merchandise. and the application and disposal of such rents and profits. 4. and the collection of the rents and profits thereof. and to commit the same to the custody of such receiver or manager. in all cases in which it may appear to the Court or a Judge to be necessary for the preservation or the better management or custody of any property which is in dispute in a suit. to remove the person in whose possession or custody the property may be from the possession or custody thereof. on the application of any Orders for sale of perishable party to a suit. of any goods. to make any order for the detention. for any other just and sufficient reason. to authorise any samples to be taken. if need be. or which. 27. it shall be lawful for the Court or a Judge to appoint a receiver or manager of such property. at any time after the commencement of the suit. and. the right to which is in dispute in the suit. which may seem necessary or expedient for the purpose of obtaining full information or evidence. and in such manner and on such terms as to the Court or a Judge may seem desirable. it may be desirable to have sold at once. receiver or to give such order. or likely to depreciate from keeping. it shall be lawful for the plaintiff.

giving security or otherwise. 6. or (b) a provision restraining the other party from molesting a child living with the applicant whether or not any other relief is sought in the proceedings. keeping an account. on application made thereto by any party dissatisfied with such order. 71 of 1997) 7. namely(a) a provision restraining the other party to a marriage from molesting the applicant. in every case. the Court Injunctions on an application by a party to a marriage shall have jurisdiction to grant an injunction containing one or more of the following provisions. No. direct such reasonable notice of the application for the same to be given to the opposite party. (1) Without prejudice to the provisions of any other rule. varied or set aside by the Court or a Judge. 71 of 1997) Order for assessment of damages ORDER XXVIII EQUITABLE RELIEF. No. (2) The provisions of sub-rule (1) shall apply to a man and woman who are living with each other in the same household as husband and wife as it applies to the parties to a marriage and any reference to a marital home shall be construed accordingly. on application or on his own motion pursuant to an undertaking as to damages. COUNTER-CLAIM.I. as to the Court or a Judge shall seem reasonable and just: Provided that any order for an injunction may be discharged. (As amended by S. or relating to the same property or right. before granting an Notice of application injunction or order as aforesaid. (As amended by S. 5. and such injunction may be granted by the Court or a Judge on such terms as to the duration of the injunction. as it or he shall see fit. SET-OFF . order an assessment of damages arising out of dischaged injunction found to have been unjustified. and that the damages shall be assessed by the Registrar. The Court or a Judge may.any breach of contract or injury of a like kind arising out of the same contract.I. A Judge may.

(2) Where the money is paid into Court in satisfaction of one or more of several causes of action the notice shall specify the cause or causes of action in respect of which payment is made and the sum paid in respect of each such cause of action unless the Court or a Judge otherwise order. ORDER XXIX PAYMENT INTO AND OUT OF COURT AND TENDER (No. 29 set-off or counter-claim shall have the same effect as a statement of claim in a cross-action so as to enable the Court to pronounce a final judgment in the same action. Counter-claim. or ought not to be allowed. whether such set-off or counter-claim sound in damages or not. and such O. any right or claim. The plaintiff may obtain any such equitable relief as the facts stated Equitable relief and proved entitle him to. (1) In any action for a debt or damages the defendant may at any time Payment into after appearance upon notice to the plaintiff pay into Court a sum of Court money in satisfaction of the claim or (where several causes of action are joined in one action) in satisfaction of one or more of the causes of action: Provided that with a defence setting up tender before action the sum of money alleged to have been tendered must be brought into Court. 3. and admits of any equitable defence. if. . A defendant in an action may set off. or set up by way of Set-off counter-claim against the claim of the plaintiff. But the Court or a Judge may. though not specifically asked.1. 218 of 1944) 1. refuse permission to the defendant to avail himself thereto. such set-off or counter-claim cannot be conveniently disposed of in the pending action. Equitable defence 2. in its or his opinion. both on the original and on the cross-claim. (3) The notice shall state whether liability is admitted or denied and receipt of the notice shall be acknowledged in writing by the plaintiff within three days. Every suit implies an offer to do equity in the matter thereof. 28.

. 29 claim. (5) This rule does not apply to Admiralty action or to an action or cause of action in which a defence of tender before action is pleaded. and forty-eight hours after taxation may sign judgment for his taxed costs. the Money money remaining in Court shall not be paid out except in satisfaction of remaining in the claim or specified cause or causes of action in respect of which it Court was paid in and in pursuance of an order of the Court or a Judge. No. (3) If the plaintiff accepts money paid into Court in satisfaction of his O. 71 of 1997) 3. of Court within twenty-one days of the receipt of the notice of the last payment into Court. tax his costs incurred to the time of payment into Court. or if he accepts a sum or sums paid in respect of one or more specified causes of action. accept the whole sum or any one or more of the specified sums in satisfaction of the claim or in satisfaction of the cause or causes of action to which the sum or sums relate. (1) Where money is paid into Court under rule 1 the plaintiff may Plaintiff may within twenty-one days of the receipt of the notice of payment into take money out Court or. at or after trial. and gives notice that he abandons the other cause or causes of action he may. (2) Payment shall be made to the plaintiff or on his written authority to his advocate. which may be made at any time before. and thereupon proceedings in the action or in respect of the specified cause or causes of action. The statement must be confined to clearing the character and reputation of the plaintiff and must not attack the defendant or any other person. shall be stayed. If the whole of the money in Court is not taken out under rule 2. (As amended by S. as the case may be.2. (4) A plaintiff in an action for libel or slander who takes money out of Court may apply by summons to a Judge in chambers for leave to make in open Court a statement in terms approved by a Judge.I. after four days from payment-out and unless the Court or a Judge otherwise order. by giving notice to the defendant to that effect and thereupon he shall be entitled to receive payment of the accepted sum or sums in satisfaction aforesaid. where more than one payment into Court has been made.

5. upon notice to the other defendant or defendants. but the Judge shall. in exercising his discretion as to costs. as regards the claims of any such infant or person of unsound mind. 6. (2) If the plaintiff elects within twenty-one days after receipt of notice of payment into Court to accept the sum or sums paid into Court. Except in an action to which a defence of tender before action is pleaded or in which a plea under the Libel Acts. no statement of the fact that money has been paid into Court under the preceding rules of this Order shall be inserted in the pleadings and no communication of that fact shall at the trial of any action be made to the Judge or assessors until all questions of liability and amount of debt or damages have been decided. Several defendants Counterclaim Non-disclosure at trial of payment into Court O. A plaintiff or other person made defendant to a counterclaim may pay money into Court in accordance with the foregoing rules. be valid without the approval of the Court or a Judge. take into account both the fact that the money has been paid into Court and the amount of such payment. (3) Thereupon all further proceedings in the action or in respect of the specified cause or causes of action. as the case may be. of the United Kingdom. (1) Money may be paid into Court under rule 1 by one or more of several defendants sued jointly or in the alternative. and the money shall not be paid out except in pursuance of an order of the Court or a Judge dealing with the whole costs of the action or cause or causes of action. no settlement or compromise or payment or acceptance of money paid into Court. shall be stayed. as the case may be. 29 Money recovered by infant or person of unsound mind or by widow under Fatal Accidents Acts . 1843 and 1845. whether before or at or after the trial shall. (1) In any cause or matter in which money or damages is or are claimed by or on behalf of an infant or a person of unsound mind suing either alone or in conjunction with other parties. has been filed.4. with the necessary modifications. he shall give notice to that effect to each defendant. 7.

30 .29. or. Where such proceedings are taken by or for the benefit of more than one person and the amount recovered is to be divided amongst such persons. if more than one.(2) No money (which expression for the purposes of this rule includes damages) in any way recovered or adjudged or ordered or awarded or agreed to be paid in any such cause or matter in respect of the claims of any such infant or person of unsound mind. (7) The costs of the plaintiff. whether by verdict or by settlement. (5) The provisions of this rule shall also apply to all actions in which damages are claimed or recovered by or on behalf of or adjudged or ordered or awarded or agreed to be paid to an infant or person of unsound mind under the Fatal Accidents Acts. (6) Nothing in this rule shall prejudice the lien of a advocate for costs. payment into Court or otherwise. (3) All money so recovered or adjudged or ordered or awarded or agreed to be paid shall be dealt with as the Court or a Judge shall direct and the said money or any part thereof may be so directed to be paid into Court and to be invested or otherwise dealt with there as may be ordered from time to time. before or at or after the trial shall be paid to the plaintiff or to the next friend of the plaintiff or to the plaintiff's advocate unless the Court or a Judge shall so direct. compromise payment. (4) The direction referred to in sub-rule (3) may include any general or special directions that the Court or a Judge may think fit to give. the Judge shall divide and apportion the share to be paid to each of the said persons and the amount so apportioned shall be specified in the order or judgment made or directed in the Court. of the United Kingdom. including (without prejudice to the generality of the above provision) directions as to how the money is to be applied or dealt with and as to any payment to be made either directly or out of the amount paid into Court to the plaintiff or to the next friend in respect of moneys paid or expenses incurred or for maintenance or otherwise for or on behalf of or for the benefit of the infant or person of unsound mind or otherwise or to the plaintiff's advocate in respect of taxed costs or of the certified difference between party and party and advocate and client costs. 1846 to 1908. of all the plaintiffs in O.

(9) Money paid into Court or securities purchased under the provisions of this rule. (No. and the dividends or interest thereon. shall be sold. 218 of 1944) Every application in chambers shall be made by summons. This rule shall apply to the case of a lunatic so found by inquisition. The summons shall be in Form 21 set out in the First Schedule. with Form of such variations as circumstances may require. the expression plaintiff. and shall be addressed to summons all the persons on whom it is to be served. and the Registrar or District Registrar shall certify the respective amounts of the party and party and advocate and client costs. the expression next friend or guardian ad litem being read if necessary as applying to the committee.any such cause or matter or incident to the claims therein or consequent thereon shall be taxed by the Registrar.I. as between party and party and as between advocate and client. (8) This rule shall apply to the case of a counter-claim by an infant or a person of unsound mind. or. (As amended by S. transferred. No. plaintiff's advocate and next friend being read as applying to a defendant setting up the counter-claim or his guardian ad litem. pursuant to the order of the Court or a Judge. and no costs other than those so certified shall be payable to the advocate for any plaintiff in the cause or matter. 71 of 1997) ORDER XXX APPLICATIONS AND PROCEEDINGS IN CHAMBERS AND IN COURT I-Applications in Chambers 1.I. or paid out to the party entitled thereto. . and the difference (if any) and the proportion of such difference (if any) payable respectively by any adult party to the cause or matter and by or out of the moneys of any party who is an infant or person of unsound mind. 71 of 1997) Application to be by summons 2. No. if such cause or matter is proceeding in a District Registry by the District Registrar. (As amended by S.

(As amended by S. No. No.I. (As amended by S. he think it expedient so to do. or at any time appointed for the consideration or further consideration of the matter. Where the Judge has proceeded ex parte. who may fix the same at the time. and the Judge does not think it expedient to proceed ex parte. the Judge may proceed ex parte. and in such case the costs occasioned by his non-attendance shall be in the discretion of the Judge. Service of unless in any case it shall be otherwise ordered: summons Provided that in case of summonses for time only. considering the nature of the case. 71 of 1997) 4. unless the Judge shall be satisfied that the party failing to attend was not guilty of wilful delay or negligence. the summons may be served on the day previous to the return day. Where any of the parties to a summons fail to attend. at such time or times as may be appointed for the consideration or further consideration of the matter.I. Where matters in respect of which summonses have been issued are not disposed of upon the return of the summons. the parties shall attend from time to time without further summons. such proceedings shall not in any manner be reconsidered in the Judge's chambers. Where a proceeding in chambers fails by reason of the non-attendance of any party. 71 of 1997) 3. the Judge may order such an amount of costs (if any) as he shall think reasonable to be paid to the party attending by the absent party or by his advocate personally. 30 Proceeding ex parte where party fails to attend Reconsideration of ex parte proceeding. if. whether upon the return of the summons. or make such other order as to such costs as he may think just. Every summons shall be served two clear days before return thereof. 6. but the Judge may require such evidence of service as he may think just. Costs Costs thrown away by non-attendance of party Further attend-ance where summonses not fully disposed of . no affidavit of non-attendance shall be required or allowed. and direct them to be paid by the party or his advocate before he shall be permitted to have such proceeding reconsidered. O. 7. 5.

or from Court into chambers. 309 of 1960) . within seven days after the decision. order or direction of an Assistant Registrar shall be no stay of proceedings unless so ordered by the Registrar or Assistant Registrar. and upon the hearing of such application it shall be lawful for the Court or Judge to make any order and give any directions relative to or consequential on the matter of such application as may be just. or such further time as may be allowed by a Judge or the Registrar. order or direction of the Registrar on Further appeal appeal from a decision. and such application may. Unless otherwise ordered there shall be at least one clear day between service of the notice of appeal and the day of hearing. (3) An appeal from the decision. or such further times as may be allowed by the Registrar or Assistant Registrar. order or direction of an Assistant Registrar may appeal therefrom to the Registrar. (1) Any person affected by any decision. order or direction of the Appeal from Registrar Registrar may appeal therefrom to a Judge at chambers. order or direction complained of. if the Judge thinks fit. order or direction complained of. In every cause or matter where any party thereto makes any application at chambers. order or direction of the Registrar shall be no stay of proceedings unless so ordered by a Judge or the Registrar. (As amended by No. Such appeal Assistant Registrar shall be by notice in writing to attend before the Registrar without a fresh summons. he shall be at liberty to include in one and the same application all matters upon which he then desires the order or directions of the Court or Judge. there shall be at least one clear day between service of the notice of appeal and the day of hearing. within seven days after the decision. 30 summons. Appeal from (2) Any person affected by any decision. What matters to be included in the same summons Adjournment into Court or into chambers Reference by Registrar to Judge 10. either by way of summons or otherwise.8. An appeal from the decision. the Registrar may refer the same to a Judge and the Judge may either dispose of the matter or refer the same back to the Registrar with such directions as he may think fit. An appeal from the decision. be adjourned from chambers into Court. Unless otherwise ordered. If any matter appears to the Registrar proper for the decision of a Judge. order or direction of an Assistant Registrar shall from Registrar lie to a Judge in accordance with the provisions of sub-rule (1). 9. Such appeal shall be by notice in writing to attend before the Judge without a fresh O.

and (As amended by S. documents and papers. (As amended by S. or under the Land Transfer Act. (b) An application by any person claiming to be interested under a deed. No. in addition to the matters which under any other rule disposed of in chambers or by statute or by the law and practice for the time being observed in England and applicable to Zambia may be disposed of in chambers: (a) Applications for time to plead. in a case where the determination of the question whether he is entitled to the right depends upon a question of construction of a statute. 30 . (h) All applications for the taxation and delivery of bills of cost and for the delivery by any Advocate of deeds.I.(4) An appeal from the decision or order of the Registrar on assessment of damages shall lie to the Supreme Court. and as to the manner in which the sale is to be conducted. (i) All matters which under any other rule or statute were formerly allowed to be commenced by originating summons. The business to be disposed of in chambers shall consist of the following matters. 71 of 1997) O. (f) Applications connected with the management of property. (e) Applications as to the guardianship and maintenance or advancement of infants.I. (j) Such other matters as a Judge may think fit to dispose of in chambers. 71 of 1997) Business to be 11. No. for the determination of such question of construction and for a declaration as to the right claimed. 1893. for leave to amend pleadings. of the United Kingdom. and for payment into Court and investment of the purchase money. (d) All proceedings in the Court under the Trustee Act. (g) Applications for or relating to the sale by auction or private contract of property. and generally all applications relating to the conduct of any cause or matter. will or other written instrument for the determination of any question of construction arising under the instrument and for a declaration of the rights of the person interested. for discovery and production of documents. 1897. (c) An application by any person claiming any legal or equitable right.

legatee. or others. as may be specified in the summons and as the circumstances may require. (c) the furnishing of any particular accounts by the executors or administrators or trustees. next of kin. and any person claiming to be interested under the trust of any deed or instrument in the relief sought as creditor. (b) the ascertainment of any class of creditors. that is to say. the determination. or other transaction. purchase. The executors or administrators of a deceased person or any of them and the trustees under any deed or instrument or any of them. Originating summons to deal with matters arising out of trusts (g) the determination of any question arising in the administration of O. (d) the payment into Court of any money in the hands of the executors or administrators or trustees. 13. compromise. devisees. (e) directing the executors or administrators or trustees to do or abstain from doing any particular act in their character as such executors or administrators or trustees. devisee. 30 the estate or trust. or cestui que trust. . or heir-at-law. and of trust (d) any act to be done or step to be taken which the Court could have ordered to be done or taken if any such administration order as aforesaid had previously been made. the administration of the real estate of the deceased. legatees. or heir-at-law of a deceased person or as cestui que trust or as claiming by assignment or otherwise under any such creditor or other person as aforesaid may take out an originating summons for such relief of the nature or kind following. the administration of the trust.12. (f) the approval of any sale. next of kin. without an administration by the Court of the estate or trust. Any of the persons named in the last preceding rule may in like manner apply for and obtain an order for(a) (b) (c) the administration of the personal estate of the deceased. and the vouching (when necessary) of such accounts. next of kin. Order for administration of estate of deceased. legatee. of any of the following questions or matters so far as the same arise in the course of the administration or performance of such estate or trust: (a) any question affecting the rights or interests of the person claiming to be creditor. devisee.

Foreclosure. may take out as of course an originating summons. or any person entitled to or having property subject to a legal or equitable charge. shall be made by motion. such application. 30. if made to a Judge in Court. at the hearing of the motion. or any person having the right to foreclosure or redeem any mortgage. II-Applications in Court 15. Redemption. returnable in the chambers of a Judge for such relief of the nature or kind following as may by the summons be specified. Sale.14. Where any application is authorised to be made to the Court or a Judge. Delivery of possession by the mortgagee. 31 Where all . whether legal or equitable. served with notice 18. Delivery of possession (whether before or after foreclosure) to the mortgagee or person entitled to the charge by the mortgagor or person having the property subject to the charge or by any other person in. Any mortgagee or mortgagor. Unless the Court or a Judge give special leave to the contrary. Reconveyance. that is to sayPayment of moneys secured by the mortgage or charge. There shall be served with the notice of motion a copy of any Copy of affidavit on which the party moving intends to rely at the hearing of such affidavit to be motion. Originating summons for foreclosure Application by motion 16. whether legal or equitable. there Length of must be at least four clear days between the service of a notice of motion notice of and the day named on the notice for hearing the motion. the Court or a Judge shall be of opinion that any person to whom notice has not been given ought to O. If. motion 17. or alleged to be in possession of the property. and as the circumstances of the case may require.

The plaintiff may. on such Affidavit not terms as it or he may deem fit. examine any witness viva voce. to inspect the documents to be produced. or to be present at their examination.have or to have had such notice. 21. shall be taken in like manner. 19. 23. in like manner as at the hearing of a suit. of trial but any order under this rule may be varied by a subsequent order of the . or receive documents in evidence. by leave of the Court or a Judge. allow any affidavit to be used. cause any notice of motion to be served upon a defendant with the writ of summons. on examination. as at the hearing of a suit. (1) Except where an order for summary trial has been made. The evidence of a witness. Oral evidence shall not be heard in support of any motion unless by Oral evidence leave of the Court or a Judge. 275 of 1959) 1. Service with writ of summons 20. an order Place and mode for directions in every action shall determine the place and mode of trial. Evidence in addition to or in lieu of affidavits Notice to parties Evidence. in each case according to the circumstances. Upon the hearing of any motion. ORDER XXXI PLACE AND MODE OF TRIAL AND SETTING DOWN FOR TRIAL (No. In addition to or in lieu of affidavits. the Court or a Judge may either dismiss parties not the motion. if it or he thinks expedient. upon such terms as to the Court or a Judge may seem fit. considers reasonable shall be given to the persons summoned. or to be examined or cross-examined. although filed with notice such affidavit has not been served on the opposite side with the notice of of motion motion. how taken 24. as nearly as may be. 22. and to such persons (parties to the cause or matter or otherwise interested) as the Court or a Judge considers entitled. or to examine the persons summoned. the Court or a Judge may. as the case may be. Such notice as the Court or a Judge. or adjourn the hearing thereof in order that such notice may served be given. and may summon any person to attend to produce documents. the Court or a Judge may.

(1) Every order made in an action commenced by writ of summons. the defendant may set the action down for trial or may apply to the Court of a Judge to dismiss the action for want of prosecution. may be ordered to be tried at different places or by different modes of trial and one or more questions may be ordered to be tried before the others. set the action down for trial. with or without modifications.I. (As amended by S.Court or a Judge at any time at or before the trial. (As amended by S. whether of fact or law. to serve as the record) each consisting of one copy each of the following documents: (a) the writ. (b) all the pleadings (including affidavits ordered to stand as pleadings). shall provide for a period within which to set which the plaintiff is to set down the action for trial. and on the hearing of any such application. together with two bundles (one for the use of the Judge and the other. (3) Every order in an action described in sub-rule (1) which provides for the mode of trail shall contain an estimate of the length of the trial. No. different questions. which may be a carbon copy. (2) In any action described under sub-rule (1). within the period fixed under sub-rule (1). 31 .I. down (2) Where the plaintiff does not. the Court or a Judge may order the action to be dismissed accordingly or may make such other order as the Court or a Judge may seem just. (3) The references in this Order to the summons for directions include references to any summons or application to which the provisions of Order XIX are applicable. Time within which provides for the mode of trial. No. the party setting it down shall deliver to the proper officer a request that the action may be set down for trial at the place specified in the order made on the summons for directions. (1) In order to set down for trial an action commenced by writ of summons. (c) all inter-locutory orders. together with one copy of any requests Lodging documents when setting down for trail O. 71 of 1997) 2. 71 of 1997) 3.

(d) (e) any interrogatories with the answers thereto. (2) and (3) except that(a) the bundle referred to in sub-rule (1) (which is to serve as the record) shall be bespoken from the person in whose custody it is and sent to the proper officer. . (4) Where a new trial becomes necessary in the case of action commenced by a writ of summons. or the Assistant Registrar in charge of civil actions. the procedure for the setting down the action for the new trial shall be that specified in sub-rule (1). along with the request that the action be set down. and (f) any other documents likely to be required by the Judge and not otherwise referred to in this sub-rule. duly endorsed with the amount of the fee payable on setting down the action for the new trial. have the pages thereof serially numbered. the Registrar. and (d) have endorsed on a backsheet thereon the title of the action O. or.or orders for particulars and one copy of any particulars given. (3) The original bundles referred to in sub-rule (1) (which shall serve as the record) shall bear the receipt number of the fees paid on setting down such action for trial. of the party himself. a backsheet with the title of action thereon. (5) In this rule. of the party himself. (2) Each of the bundles referred to in sub-rule (1) shall(a) (b) (c) be bound up in book form in chronological order. and (b) there shall be delivered. addresses and telephone numbers of the advocates for the parties. addresses and telephone numbers of the advocates for the parties. in the case of a party who has no advocate. "proper officer" means(a) in relation to an action to be set down at the Principal Registry for trial. Deputy Registrar. or. copies of settled issues under Order XXII. and the names. in the case of a party who has no advocate. 31 together with the names. contain a complete index of the contents therof.

No. soon after collecting the record.I. (As amended by S. (As amended by S. The referral order shall be in form 28A in the First Schedule. 71 of 1997) 5. the District Registrar or the Assistant Registrar in charge of civil actions. be referred by the trial Judge for mediation and where mediation fails the trial Judge shall summon the parties to fix a hearing date. The mediators shall be of not less than seven years working experience in their respective fields. governmental agency. or entity other than an individual. 31 Collection of records by mediator Conductor of mediator .I. time and venue of the mediation and shall. an officer or director of sufficient rank to settle the matter shall attend. 71 of 1997) 4.(b) in relation to an action to be set down at a District Registry for trial.I. No. No. 71 of 1997) Appearance before mediator O. complete the mediation process. No.I. No. 71 of 1997) 6.I. partnership. 71 of 1997) 8. (As amended by S. not more than sixty days from the date of collecting the record. If a party is a corporation. upon being set down for trial. If they are represented. contact the parties and give them the date. every action may. their advocates shall accompany them. (As amended by S. 71 of 1997) 7. The parties shall appear in person at the mediation. (As amended by S. The mediator shall sign for and collect from the mediation office or proper officer the record referred to under sub-rule (3) of rule 3 of this Order. The mediator shall. No.I. There shall be kept by the mediation officer or proper officer a list of List of mediators who have been trained and certified by the court to act in this mediators capacity with the field or fields of bias or experience indicated against each of their names. (As amended by S. Except for cases involving constitutional issues or the liberty of an Reference to individual or an injunction or where the trial Judge considers the case to mediation be unsuitable for referral.

(As amended by S. the mediator shall read and explain to the parties the statement of understanding on the role of the mediator in form 28B in the First Schedule set out in the Appendix to these Rules. where the mediation fails. Statement of understanding on role of mediator Record of mediation Return of records to mediation office or proper officer (2) The mediation officer or proper officer shall. 31. 71 of 1997) 11. not more than fourteen days after receipt of the record from the mediation officer or proper officer summon the parties in terms of rule 5.I. (As amended by S. and shall have the same force and effect for all purposes as a judgement. 32 .9. return the record to the mediation office or proper officer with a report in form 28C in the First Schedule to these Rules. rule 1. order or decision and be enforced in the like manner.I. The mediator shall not communicate with any trial Judge about the mediation. stating that the mediation has failed. Statements made during mediation are confidential and privileged. and shall not be used as evidence in any matter. A mediation settlement in form 28D in the First Schedule to these Rules shall be signed by the parties and the mediator and registered under Order XXXVII.I. submit the record to the trial Judge who shall. the mediator shall not more than ten days after the close of the mediation proceedings. No. At the commencement of the mediation. not more than seven days after receipt of the report referred to in sub-rule (1). The mediator shall not be required to keep a record of the mediation proceedings and any document prepared by the mediator during the proceedings shall. No. 71 of 1997) 10. (As amended by S. 71 of 1997) 13. (As amended by S. No. be destroyed at the end of the mediation process in the prescence of the parties. (1) If the mediation fails. There shall be paid to the mediator a mediation fee as agreed between the parties and the mediator which shall be paid by the parties in equal proportions at the time of lodging documents for trial: Mediator fee Registration of Mediation Settlement O.I. and shall require the parties to sign the form. 71 of 1997) 12. No.

the fee shall be referred to the trial judge for determination. In this Order. "record of proceedings" means a record made in terms of rule 2 or 3. "transcriber" means a person who(a) operates any apparatus for the audible reproduction of a record . No appeal shall lie against a registered mediated settlement. authorised by the order of the Chief Justice for the recording of proceedings in accordance with this Order. Pitman's shorthand and Gregg's shorthand authorised by G. as the case may be. No. a recording apparatus operator and a transcriber regularly employed by the Judicature. (As amended by S. No. No. No appeal against settlement (As amended by S. magnetic.I. Assistant Registrar and Deputy Assistant Registrar. *"shorthand" includes palantyping or any other system of visible recording of words. other than longhand writing. 71 of 1997) 14. 77 of 1962 "shorthand writer" includes an operator of palantype or other authorised apparatus whereby words may be recorded in shorthand. "recording apparatus" includes any mechanical. electronic or other apparatus whereby speech may be recorded in a form capable of subsequent audible reproduction.I. electrical. "Registrar" includes Deputy Registrar. District Registrar. 76 of 1962) Interpretation 1. * Palantype. "official recording apparatus operator" and "official transcriber" mean a shorthand writer. 71 of 1997) ORDER XXXII RECORDING OF PROCEEDINGS (No.Provided that where the parties and the trial judge fail to agree on the fee. unless the context otherwise requires"official shorthand writer".N.

(4) Every such record made in longhand or in shorthand by a person other than the presiding Judge or Registrar shall be verbatim showing separately each question and the answer thereto. or *Palantype. 32 2. (6) Every such record made by means of recording apparatus shall be labelled and made secure in the manner directed by the Registrar. 77 of 1962. (2) No formal direction by the presiding Judge or Registrar as to the manner of making such record shall be required. at the Recording of discretion of the presiding Judge or Registrar. or by means of recording apparatus.of proceedings made by recording apparatus. No. 71 of 1997) O. Pitman's shorthand and Gregg's shorthand authorised by G. (5) Every such record made in longhand or in shorthand by a person other than the presiding Judge or Registrar shall be certified by the writer or shorthand writer who made it to be a true record and such certificate shall be signed and dated by the person who shall make it. (b) reads any shorthand record of proceedings and transcribes such record into a typewritten or other longhand copy of such record. be made in longhand by evidence the presiding Judge or Registrar or in shorthand by such Judge or Registrar or by an official or other shorthand writer. by the . (1) In every cause or matter a record of the oral evidence shall.I. except where such record is to be made in shorthand or by means of recording apparatus by a person other than the presiding Judge or Registrar or an official shorthand writer or official recording apparatus operator.N. (3) Every such record made in longhand or shorthand shall be made in the English language: Provided that the presiding Judge or Registrar may direct that the whole or any part of the evidence shall be recorded as well in any other language employed by a witness. No. (As amended by S.

together with any notes thereon. or by the presiding Judge or Registrar making a note in longhand or shorthand. 3. (2) Every record of proceedings which shall be transcribed shall be certified by the transcriber to be a true and correct transcript and such certificate shall be signed and dated by the person who shall make it. or (iii) by any party to a cause or matter for a copy of the record of the proceedings in such cause or matter. A . at the discretion of the presiding Judge or Registrar. (1) No transcript shall be made of a record of proceedings made in Transcription of shorthand or by means of recording apparatus except by the direction of record of the presiding Judge or the Registrar: proceedings Provided that such direction shall not be required where application is made(i) by the Attorney-General for a copy of the record of any criminal proceedings. (b) Every record of evidence made by means of recording apparatus. made by a recording apparatus operator shall be filed in accordance with directions given by the Registrar. In every cause or matter. proceedings be recorded in the manner set out in the last preceding rule in so far as O. or where it is necessary for a transcript of the whole or any part of such record to be made for incorporation in a record of appeal for an appeal to the Supreme Court of Zambia in accordance with the rules of that Court. (ii) by the Attorney-General for a copy of the record of any matrimonial proceedings. 32 the same is applicable. (7) (a) Unless the presiding Judge or Registrar shall otherwise direct. of that part of the proceedings not so recorded.recording apparatus operator who made it. any part of the proceedings other than the Recording of oral evidence may. 4. every record of evidence made in shorthand shall be placed in the docket containing the papers relating to the case of which it is a record.

71 of 1997) 5.I. subject to the directions of the presiding Judge. or a copy of any transcript of such proceedings Cap. or partially. or for a copy of any transcript thereof previously made. or the supply of a copy of any previously existing transcript of such evidence. No. No. (1) Application may be made by any person to the Registrar for a transcript to be made of the record of the proceedings in any cause or matter and for a copy of such transcript. 71 of 1997) 6. and shall.32. shall be totally. authorise the making of a transcript of such proceedings and the supply to the applicant of a copy thereof. No.transcript so certified shall. before entering on his duties. or of any previously existing transcript. and he shall state his reasons for such application. 63 of 1964 and S. subject to any amendment by the presiding Judge or Registrar. according to the total or partial exemption of payment of fees of the Supreme Court granted to such party in accordance with the Legal Aid Act. and who is a poor appellant within the meaning of the Legal Aid Act. other than an official shorthand writer. be deemed to be correct. in either case upon payment of the prescribed fees by the applicant. except where the applicant shall be exempted from the payment of such fees as hereinafter provided. 34 previously made is supplied for the purpose of an appeal to the Supreme Court of Zambia. and shall constitute part of the records of the Court. exempted from payment of the prescribed fees for the making of the transcript or the supply of a copy thereof.I. or both. (2) Every shorthand writer. 63 of 1964 and S. A party who was not exempted from the payment of such fees. if the applicant was a party to the cause or matter. Supply of copies of transcript and fees therefor O. (1) Every official shorthand writer.I. shall pay the prescribed fee for making such transcript as well as the fee for the copy. recording apparatus operator or transcriber. shall be a person approved by the Oaths . (As amended by S. take before the Registrar an oath or affirmation in the appropriate form prescribed in the Fourth Schedule. official recording apparatus operator or official transcriber shall be deemed to be an officer of the Court and shall. The Registrar may. 33 (2) Any party to any criminal cause or matter at whose request a Cap. No. official recording apparatus operator or official transcriber.I. 34 transcript of the record of proceedings therein is made and a copy thereof supplied. (As amended by S.

from time to time. and that he is permanently residing out of the jurisdiction. as nearly as circumstances permit. Witness out of jurisdiction ORDER XXXIV ORDER OF BUSINESS 1. 34. (As amended by No. ORDER XXXIII POSTPONEMENT OF HEARING 1. take before the Registrar an oath or affirmation in the appropriate form prescribed in the Fourth Schedule. as circumstances require. the Court may. 309 of 1960) O. in its discretion. the business Order of of the day shall be taken. . or does not intend to come within the jurisdiction within a reasonable time. and that he is likely to return and give evidence within a reasonable time. the Court shall require to be satisfied that his evidence is witness material. Subject to the provisions of the Act and these Rules. and is not made for the purpose of mere delay. 35 Days of sittings 2. The Court may postpone the hearing of any civil cause or matter. Every such shorthand writer. The postponement may be made on such terms as to the Court seem just. recording apparatus operator or transcriber shall. 3. Where such an application is made on the grounds of the absence of Absence of a witness. 2. appoint any day or days. for the hearing of causes and matters. the Court shall require to be satisfied that the evidence of the witness is material. Subject to special arrangements for any particular day. before entering on his duties. Where an application is made for the purpose of enabling the party applying to obtain the evidence of a witness resident out of the jurisdiction.presiding Judge or Registrar for employment in recording or transcribing the proceedings in a particular cause or matter and shall for that purpose be deemed to be an officer of the Court. on In what cases being satisfied that the postponement is likely to have the effect of better ensuring the hearing and determination of the questions between the parties on the merits. in the business at following order: sittings (a) Judgments standing over for delivery.

if it thinks fit. or may postpone the hearing of the cause and direct notice of such postponement to be given to the defendant. (d) Civil causes and matters for hearing. or neglects to answer when duly called.(b) Ex parte motions. proceed to hear the counter-claim and give judgment on the evidence adduced by the defendant. if neither party Non-appearance appears. the Court shall. and make such order as to costs. as seems just: Provided that. The above shall be taken in the order in which they stand in the lists. If the plaintiff does not appear. the Court may. the Court shall. Where the defendant to a cause which has been struck out under rule 2 has a counter-claim. If the plaintiff appears. unless the Court sees fit to vary the order. Of defendant 3. give judgment as if the plaintiff had appeared. if the defendant shall admit the cause of action to the full amount claimed. strike of both parties the cause out of the cause list. Counter-claim where plaintiff does not appear O. proceed to hear the cause and give judgment on the evidence adduced by the plaintiff. Where a civil cause on the cause list has been called. and arguments on showing cause against orders. 4. strike out the cause (except as to any counter-claim by the defendant). unless it sees good reason to the contrary. (c) Motions on notice. 2. the Court may. or may postpone the hearing of the counter-claim and direct notice of such postponement to be given to the plaintiff. upon proof of service of notice of trial. and the defendant does not appear or sufficiently excuse his absence. 36 Of plaintiff . ORDER XXXV NON-ATTENDANCE OF PARTIES AT HEARING 1. unless it sees good reason to the contrary. the Court may. 35. on due proof of service on the plaintiff of notice thereof. in favour of any defendant appearing.

The decision or judgment in any suit shall be delivered in open court. Delivery of judgment 2. 4.5. is due to the plaintiff. unless the Court. All parties shall be deemed to have notice of the decision or When parties deemed to have judgment. if any. and what amount. be set aside by the Court. parties to the suit shall Notice when be served with notice to attend and hear judgment. Any civil cause struck out may. on sufficient cause shown. and every such minute shall be a decree of the Court. 3. on such terms as to the Court may seem fit. unless the Court otherwise directs. The Court or a Judge may order a formal decree to be drawn up on the application of either party. in which case there shall be no further notice. The judgment with respect to any sum awarded to the defendant shall have the same effect and be subject to the same rules as if such sum had been claimed by the defendant in a separate suit against the plaintiff. and all parties served with notice to attend and hear judgment shall be deemed to have notice of the notice judgment when pronounced. upon such terms as may seem fit. shall be made. Any judgment obtained against any party in the absence of such party may. if any. by leave of the Court. the judgment shall state allowed what amount. at reserved the hearing. whether final or interluctory. If the defendant shall have been allowed to set off any demand or Where set-off counter-claim against the claim of the plaintiff. and shall have the full force and effect of a formal decree. First Schedule. Minute of judgment: its effect. A minute of every judgment. if pronounced at the hearing. is due to the defendant. be replaced on Relisting of the cause list. If the Court reserves judgment at the hearing. and shall be for the recovery of any sum which shall appear to be due to either party. Setting aside of judgment made in absence of party 6. states the day on which judgment will be delivered. cause struck out ORDER XXXVI JUDGMENT 1. Form 33 5. .

for any sufficient reason. and may be rescinded or varied upon sufficient cause. and. No. The Court or a Judge. A person directed by a decree or order to pay money or do any other Decree to be act is bound to obey the decree or order without any demand for obeyed without payment or performance. No. Except as provided for under rule 9. 71 of 1997) 10. there shall be no order for stay of execution on the balance. order that the amount shall be paid by installments. unless the time shall be enlarged by any subsequent order. if no time is therein expressed. the Court or a Judge may. 309 of 1960) .I. or from some other point of time.I.I. on sufficient grounds. 71 of 1997) Register of execution Payment by installments and stay of execution O. the whole amount remaining unpaid shall forthwith become due: Provided that where there is a default in paying any one installment. 8. the Court or Judge may. order stay of execution of judgment. (As amended by S. may direct the time within which the payment or other act is to be made or done. he is demand bound to do so immediately after the decree or order has been made (except as to costs. 7. The order shall state that. or at any time afterwards. No. or at any time afterwards. Where any judgment or order directs the payment of money. at the time of making any judgment or order. with or without interest. Where a judgment or order is for a sum of money. The order may be made at the time of giving judgment. the amount whereof may require to be ascertained by taxation). upon the failure of any installment. as the Court or a Judge thinks fit. at any time. interest shall be paid thereon at the average of the short-term deposit-rate per annum prevailing from the date of the cause of action or writ as the court or judge may direct to the date of judgment (As amended by S. 37 Court may direct time for payment or performance Rate of interest ORDER XXXVII RECORDING OF JUDGMENTS (No. 71 of 1997) 9. reckoned from the date of the judgment or order. (As amended by S.6. 36.

a note to that Individual searches First Schedule. a note to that effect against the record of such judgment. during any calendar year. and upon proof of the satisfaction thereof. of the Judgments Register in any Registry of the High Court for entries against any number of unspecified judgment debtors. Any other judgment or order shall be recorded in the Civil Causes Register. 37. Where any judgment entered in a Judgments Register or a Civil Causes Register has been wholly satisfied or complied with. the applicant shall first lodge at the Registry in which a search is to be made a form of application in the prescribed form and shall pay the fees prescribed. The production of such form of permit signed by the Registrar shall be sufficient authority to make general searches of the Judgments Registers kept in each Registry during the period specified in such permit and at times when such Registers are open for public inspection. 5. 4. Where it is desired to make a personal search of the Judgments Register or of the Judgments Section of the Civil Causes Register for entries against a named person. Forms 51 and 52 Judgments set aside. 2. 3. Form 50 O. Where any judgment entered in a Judgments Register or a Civil Causes Register has been set aside. on an application in writing made by any party to the action in which the judgment was entered.1. the Registrar shall insert or cause to be inserted in the Judgments Register or Civil Causes Register. on payment of the prescribed fee. 38 General searches First Schedule. every Judgments Judgment Register and the Judgments Section of every Civil Causes Register shall Registers open be open for personal inspection during the hours in which a Registry is to inspection open to the public. the applicant shall first apply to the Registrar of the High Court in the prescribed form and. Every judgment entered at any Registry of the High Court for a fixed Register of or liquidated sum of money shall be recorded by the proper officer in the judgments Judgments Register which shall be kept there. varied or reversed Judgments satisfied . Subject as hereinafter provided by this rule. 6. When it is desired to make general searches. as the case may be. as the case may be. the Registrar shall. insert or cause to be inserted in the Judgments Register or Civil Causes Register. the Registrar of the High Court shall issue or cause to be issued to such applicant a form of permit in the prescribed form. varied or reversed.

effect against the record of such judgment. the clerk of that court. ORDER XXXVIII THE AFFILIATION AND MAINTENANCE OF CHILDREN ACT I-INTERPRETATION 1. 64 "the Act" means the Affliation and Maintenance of Children Act "proper officer" means(a) in the case of the High Court.I. Cap. "register" means the register kept for the purposes of the Act. or an order varying the maintenance order. 309 of 1960) Interpretation. 71 of 1997 II-PROCEDURE UNDER PART V OF THE ACT 2. the officer designated by the Registrar for the purposes of the provision of the Act in which the expression occurs: and (b) in the case of a subordinate court. In this Order. together with a copy thereof. 38 Registration of orders . or (b) at any time by lodging with the proper officer an affidavit by the applicant. No. stating(i) the address and occupation of the person liable to make payments under the order. unless the context otherwise requires- (No. (As amended by S. (1) An application for the registration of a maintenance order in a subordinate court may be made(a) on the making of the maintenance order. (ii) the date of service of the order on the person liable to O.

if the maintenance order has not been served. (v) that the order is not already registered under the Act. (iv) the amount of any arrears due to the applicant under the order. on being satisfied within the said period of fourteen days that no such proceedings or process begun or issued before the grant of the application remain pending or in force. the proper officer shall cause the order to be registered in the High Court by filing the copy and making an entry in the register. (d) on receipt of notice that the order has been duly registered in the subordinate court. the reason why service has not been effected. O. (iii)the reason why registration of the order in a magistrate's court is desired. whichever first occurs. to the clerk of the subordinate court for the District in which the person liable to make payments under the order appears to be. or any writ. (3) On receipt of a certified copy of a subordinate court order sent to him pursuant to the Act. and (vi) whether any proceedings are pending. (2) Where the application is granted(a) the applicant shall. warrant or other process is in force.make payments thereunder or. and no writ. if he has not already done so. together with a copy of any affidavit lodged under sub-rule (1). (b) no proceedings shall be begun. for the enforcement of the order. (c) the proper officer shall. submit a certified copy of the order endorsed with the note that the application has been granted. warrant or other process shall be issued for the enforcement of the maintenance order before the registration of the order or before the expiration of fourteen days from the grant of the application. and shall send notice to the clerk of the subordinate court that the order has been duly registered. 38 . the proper officer shall enter particulars of the registration in the court minutes. lodge with the proper officer a certified copy of the maintenance order.

and enter particulars of the variation or discharge in the register. registered order (2) Where a certified copy of an order varying a High Court order registered in a subordinate court is received from the clerk of the subordinate court. the proper officer shall send a discharge of certified copy of the original order to the clerk of the subordinate court. (1) Where the High Court makes an order varying or discharging an Variation or order registered in a subordinate court. (3) Where a subordinate court varies or refuses to vary a High Court order registered in the subordinate court. (3) Where notice is given under section twenty-four of the Act in respect . on varying or discharging an order registered in a subordinate court.I. No. the proper officer shall endorse the notice on the certified copy referred to in sub-rule (1) of rule 3.I. the proper officer shall file the copy and enter particulars of the variation in the places in which particulars of the registration are required by paragraph (d) sub-rule (2). 71 of 1997) 4. (4) Where a certified copy of an order varying or discharging a subordinate court order registered in the High Court is received from the clerk of the subordinate court. he may give registration notice under sub-section (1) of twenty-four of the Act by notifying the proper officer. an appeal from the variation or refusal shall lie to a Judge of the High Court. No. rule 2 to be entered. (1) If a person entitled to receive payments under an order registered Cancellation of in the High Court desires the registration to be cancelled. (2) Where the High Court. decides to give notice under sub-section (2) of the section twenty-four of the Act. 71 of 1997) 3.(As amended by S. (As amended by S. and shall be heard by the Judge in chambers or in a court as he shall direct. the proper officer shall(a) (b) file the copy.

shall(a) cancel the registration by entering particulars of the notice in the O.of an order registered in the High Court. 38 register. sub-rule (2) of rule 2. the proper officer shall enter particulars of the cancellation in the places in which particulars of the registration are required by paragraph (d). if the maintenance order has not been served. and (b) send notice of the cancellation to the clerk of the subordinate court by which the order was made. the proper officer.I. (1) An application for an attachment of earnings order by a person Application for entitled to receive payments under a maintenance order shall be made to attachment of the Court or a Judge by summons and the respondent to the application earnings order (in this Part called the defendant) shall be the person liable to make payments under the maintenance order. on being satisfied by an affidavit by the person entitled to receive payments under the order that no process for the enforcement of the order issued before the giving of the notice remains in force. the reason why service has not been effected. stating that the cancellation is in consequence of a notice given under subsection (1) of section twenty-four. (b) the date of the service of the maintenance order on the defendant or. any application for an attachment of earnings order shall be made by summons. 71 of 1997) 5. (4) Where notice is received from the clerk of a subordinate court that the registration of an order in the High Court has been cancelled. (3) The summons shall be supported by an affidavit by the applicant stating(a) particulars of the maintenance order. (c) the amount of any arrears due to the applicant under the . (As amended by S. No. (2) Where a maintenance order has been registered and has been entered under its cause number and title.

and the defendant may. (As amended by S. (ii) his age. at least fourteen days before the return date. . within ten days after service. 71 of 1997) 6. either by way of personal service or by post letter sent to the address shown on the original order or the last known address of the defendant. sub-rule (3) of rule 5 and an attachment of earnings order shall contain such of those particulars as are known to the Court. the summons. (1) An attachment of earnings order shall be in Form 34 set out in the Form and First Schedule and when drawn up by the applicant or his advocate four service of order copies thereof shall be furnished. No. (4) Unless otherwise directed. shall be served on the defendant. (As amended by S.maintenance order. file an affidavit in answer and in that case shall deliver a copy of his affidavit to the applicant within twenty-four hours after filing it.I. (f) any of the following particulars relating to the defendant as are known to the applicant: (i) his full name and address. 71 of 1997) 7. (g) any other facts relevant to the means of the defendant as are known to the applicant. (e) the name and address of any person believed to be the defendant's employer. together with a copy of the O. 38 affidavit in support. An order made under sub-section (1) of section thirty-four of the Act Particulars (which empowers the Court to order a defendant to give particulars for the purpose of enabling him to be identified) may specify any of the particulars referred to in paragraph (f).I. (d) particulars of any proceedings which have been taken for the enforcement of the maintenance order. No. (iii)his place of work. (iv) the nature of his work.

(b) was made by a subordinate court and is registered in the High Court under the Act. 71 of 1997) O. Where an attachment of earnings order ceases to have effect and the Notice of related maintenance ordercessation of order (a) was made by the High Court and is not registered in a subordinate court under the Act.(2) The Court shall cause a copy of every attachment of earnings order and of every order varying or discharging such an order to be served on the defendant and on the person to whom the attachment of earnings order is directed. (3) Service on a person other than a corporation shall be effected by sending the copy of the order to him at his last known place of residence or postal address.I. or. or (c) has ceased to be registered in the High Court under section thirty-two of the Act. if the corporation has no registered office. (4) Service on a corporation shall be effected by sending the copy of the Order to the registered office of the corporation. (As amended by S. to any place where it resides or carries on business: Provided that where the corporation has requested that any communication relating to the defendant or to the class or description of persons to which he belongs shall be directed to the corporation at a particular address. where he is the person to whom the attachment of earnings order is directed.I. at his place of business or the postal address thereof. No. the proper officer shall give notice of the cessation to the person to whom the order was directed. or. 71 of 1997) 8. service may be effected at that address instead of at the registered office of the corporation or a place where it resides or carries on business. 38 . (As amended by S. No.

(1) A person to whom an attachment of earnings order made by the Notice of High Court is directed shall give notice under sub-section (4) of section non-employment thirty-three of the Act (which relates to cases in which such a person is of defendant not the defendant's employer) by sending a notice in Form 36 in the First Schedule to the proper officer. 71 of 1997) 10. and such an application shall be made to the Court or a Judge by summons returnable not less than four days after service on the person in whose favour the attachment of earnings order was made.I. (As amended by S. the Court discharges the attachment of earnings order in pursuance of sub-section (3) of section thirty-two of the Act. No. (2) Where notice is given under sub-rule (1).I. (2) Where. for an order discharging or varying the attachment of earnings order. (As amended by S. (As amended by S. No. 71 of 1997) 11. 40 . the defendant may apply within fourteen days after the date of the notice. an application under subsection (1) of section thirty-five of the Act (which enables the Court to determine whether payments of a particular class or description are earnings) by the person to whom the order is directed by the defendant or by the person in whose favour the order was made (in this rule called the parties to the order) shall be made to the Court or a Judge by summons returnable not less than four days after service on the parties to the order other than the applicant. No. 71 of 1997) Application for determination whether payments are earnings ORDER XXXIX REVIEW O.9. Where an attachment of earnings order has been made by the High Court. on receipt of a notice under sub-rule (1). 39. the Court shall cause the person in whose favour the order was made to be notified of the discharge.I. (1) The officer to whom payment is directed to be made under an Appropriate attachment of earnings order made by the High Court shall give notice variation where the arrears under the related maintenance order have been discharged by sending the notice in form 35 set out in the First Schedule to the person to whom he is required to pay sums received under the attachment of earnings order and to the defendant.

and such order may be made. Any Judge may. except by special leave of the Judge on such terms as seem just. 71 of 1997) Power of review Application 2. Any application for review of any judgment or decision must be made not later than fourteen days after such judgment or decision. After within 14 days the expiration of fourteen days.I. No. and to reverse. upon such grounds as he shall consider sufficient. review any judgment or decision given by him (except where either party shall have obtained leave to appeal. (As amended by S. upon such review. (As amended by S. The application shall not of itself operate as a stay of execution unless the Judge so orders. determined . be referred to a taxing officer. another judge may review the matter. an application for review shall not be admitted. or the remuneration of referees or mediator. it shall be lawful for him to open and rehear the case wholly or in part. vary or confirm his previous judgment or decision: Provided that where the judge who was seised of the matter has since died or ceased to have jurisdiction for any reason. and such appeal is not withdrawn). 3.I. unless summarily How amount of determined by the Court. Any money in court in the suit shall be retained to abide the result of the motion or the further order of the Judge. and. Under the denomination of costs is included the whole of the What included expenses necessarily incurred by either party on account of any cause or in costs matter. the fees of court. All questions relating to the amount of costs shall. and of procuring copies of documents. be ascertained by him. such as the expenses of summoning and of the attendance of the parties and witnesses. after notice costs of taxation to the parties. upon such terms as to security for performance of the judgment or decision or otherwise as the Judge may consider necessary. Application not a stay of proceedings ORDER XL COSTS 1.1. 71 of 1997) 2. and. and to take fresh evidence. and in enforcing the decree or order made therein. No.

(No. 309 of 1960) 4. or with the amount allowed by a taxing officer in respect of any item. and shall at the same time deliver a copy of the answers to the party applying for review and to each other party (if any) to whom a copy of the objections has been delivered or to whom the taxing officer directs that a copy of the answers shall be delivered. a review under the last foregoing rule shall be carried out by the taxing master to whom the taxation was originally assigned. and shall deliver a copy of the objections to each other party (if any) who attended on the taxation of those items or to whom the taxing officer directs that a copy of the objections shall be delivered. (4) Any party to whom a copy of the objections is delivered under this rule may. the review shall be carried out by a taxing master. or the amount allowed in respect of which. (1) Where an application is made under the last foregoing rule for a Review by review of a decision of an Assistant Registrar empowered to tax bills of taxing master costs. (1) Any party to any taxation proceedings who is dissatisfied with the allowance or disallowance in whole or in part of any item by a taxing officer. save as aforesaid. but. deliver to the taxing officer answers in writing to the objections stating concisely the grounds on which he will oppose the objections. Application to taxing officer for review O. may apply to the taxing officer to review his decision in respect of that item. within fourteen days after delivery of the copy to him or such shorter period as may be fixed by the taxing officer. (3) Every applicant for review under this rule shall at the time of making his application deliver to the taxing officer objections in writing specifying by a list the items or parts of items the allowance or disallowance of which. is objected to and stating concisely the nature and grounds of the objection in each case. (2) An application under this rule for review of a taxing officer's decision may be made at any time within fourteen days after that decision or such shorter period as may be fixed by the taxing officer: Provided that no application under this rule for review of a decision in respect of any item may be made after the signing of the taxing officer's certificate dealing finally with that item.(No. 309 of 1960) 3. 40 .

a taxing master may receive further evidence and may exercise all the powers which he might exercise on an original taxation in respect of that item. including the power to award costs of and incidental to the proceedings before him. (2) An application under this rule for review of a taxing master's decision in respect of any item may be made at any time within fourteen days after the taxing master's certificate in respect of that item is signed. and any costs awarded by him to any party may be taxed by him and may be added to or deducted from any other sum payable to or by that party in respect of costs. may apply to a Judge for an order to review the taxation as to that item or part of an item. save as aforesaid. 309 of 1960) 5. or such longer time as the taxing master at the time when he signs the certificate. be heard in chambers. (3) A taxing master who has reviewed a decision in respect of any item O. may allow. no further evidence shall be received on the hearing of an application under this rule.(2) On reviewing any decision in respect of any item. (4) Unless the Judge otherwise directs. Review of taxing master's certificate by a Judge . shall state in his certificate or otherwise in writing by reference to the objections to that decision the reasons for his decision on the review. (No. and no ground of objection shall be raised which was not raised on the review by the taxing master but. and any special facts or circumstances relevant to it. except where the Judge thinks fit to adjourn into court. if requested to do so by any party to the proceedings before him. or the Court at any time. 40 shall issue his certificate accordingly and. (3) An application under this rule shall be made by summons and shall. (1) Any party who is dissatisfied with the decision of a taxing master to allow or to disallow any item in whole or in part on review under the two last foregoing rules. or with the amount allowed in respect of any item by a taxing master on any such review. on the hearing of any such application the Judge may exercise all such powers and discretion as are vested in the taxing master in relation to the subject-matter of the application.

in any manner it or he may deem just. although the Court may order the successful party. require any plaintiff in any suit. order all proceedings by or on behalf of that party in the same suit or proceeding. on the application of any defendant. but such order shall not supersede the use of any other lawful method of enforcing payment. the taxing officer may. the Court or a Judge may. and. or security to be given for costs by any party. Upon taxation of costs. either at the costs commencement or at any time during the progress thereof. notwithstanding his success in the suit. for the costs of any particular proceeding undertaken in his interest. and may require any defendant to give security. if it O. 309 of 1960) Costs in 6. The Court or a Judge may order any costs to be paid out of any fund Costs out of or property to which a suit or matter relates. Where the Court or a Judge orders costs to be paid. The cost of every suit or matter and of each particular proceeding therein shall be in the discretion of the Court or a Judge. to pay the costs of any particular proceeding therein. 7. 8. 40. The Court or a Judge may. Stay of proceedings pending payment or security for costs 9. to give security for costs to the satisfaction of the Court or a Judge. and in particular may order the taxing master's certificate to be amended or. to be stayed until the costs are paid or security given accordingly. if it or he thinks fit. in determining the Discretion of . costs shall abide the event of the suit or proceeding: Provided that the Court shall not order the successful party in a suit to pay to the unsuccessful party the costs of the whole suit. or connected therewith. order the item to be remitted to the same or another taxing master for taxation. or to give further or better security. fund in suit 10. (No. and the Court or discretion of Court a Judge shall have full power to award and apportion costs. except where the dispute as to the item under review is as to amount only. or further or better security. in the absence of any express direction by the Court or a Judge. by deposit or otherwise.(5) On an application under this rule the Judge may make such order as the circumstances require. 41 Security for or he sees fit.

he may.I. 105 of 1986 and S. and the party interrogating or requiring discovery or inspection of documents may apply to the Court or a Judge for an order to that effect. 106 of 1959) 4. have regard. (As amended by S. Any order of the Court or a Judge made in any civil cause or matter Orders in may be enforced in the same manner as a decree to the same effect. 165 of 1950. nothing shall be Taxation allowed in respect of fees paid to the Court beyond what was necessary having regard to the amount recovered on judgment. He shall also. and. 12. (As amended by No. to taxing officer the skill. No. on having regard to the S. labour and responsibility involved. No. if a plaintiff. No. general 2. Any interlocutory order may be enforced by any of the methods applicable thereto by which a final order is enforceable. 92 of 1980) 11. 42 Non-compliance with order for discovery .I. subject to any rule of court. No. struck out. be liable to have his action dismissed for want of prosecution. If. No. Interlocutory orders may also be enforced either in accordance with Staying the provisions of Order XX (wherever applicable) or according to the proceedings and Interlocutory orders O. (No.I. to have his defence. in respect of any particular application made or business done. 88 of said matters. If any party fails to comply with any order to answer interrogatories. allow such costs as seem to him reasonable. 174 of 1990) ORDER XLI ENFORCEMENT OF ORDERS 1. and to be placed in the same position as if he had not defended.remuneration to be allowed. 41. or for discovery or inspection of documents. 309 of 1960. if any. 206 of 1964 and No. In taxation of costs between party and party. 3. he shall be liable to attachment. the taxing officer considers that there are special reasons 1980 why costs in excess of those laid down in the Schedule to the Practitioners (Costs) Order should be allowed in any cause or matter. if a defendant. and an order may be made accordingly. A reference to a page in any provision relating to costs shall mean Definition of page a sheet of A4 size.

if it thinks fit. 79 has been duly registered in the High Court for Zambia pursuant to Part V O. and the Property liable to execution. "and which judgment Cap. the form of a writ of execution shall be varied as follows: use under the Service of For the words "which said sum of money and interest were lately before Process and the High Court for Zambia.I. one million Kwacha) is liable to attachment and sale in execution of the decree. with or without liberty of bringing any other suit on the same grounds of action.." etc. real or personal. All property whatsoever. No. and whether held in his own name or by another party in trust for him or on his behalf (except the wearing apparel and bedding of himself or his family and the tools and implements of his trade. there shall be substituted the words Execution of "which said sum of money and interest were lately in . stay further proceedings in the suit until the order is fulfilled.... or make such other order as to the Court may seem just: Provided that any such judgment by default may be set aside by the Court. (As amended by No... the Court may give judgment by default against such defendant.. (describing Judgments Act. (As amended by No. the Court in which judgment was obtained). First Schedule Forms 41 and 43-47 . In the case of a judgment registered under the provisions of Part V of Form of writ of execution for the Service of Process and Execution of Judgments Act. 71of 1997) 2.. upon such terms as to costs or otherwise as the Court may think fit. belonging to a party against whom execution is to be enforced. 106 of 1959) ORDER XLII EXECUTION 1.. or may give a judgment of non-suit against such plaintiff. the Court may.following provisions: judgment by default If a plaintiff in a suit makes default or fails in fulfilling any interlocutory order. If a defendant in any suit makes such default or failure. to the value of five hundred Kwacha or. if any. 42 of the Service of Process and Execution of Judgments Act. or may make such other order on such terms as to the Court shall seem fit. 235 of 1958 and S. in the case of a farmer..." etc.

and (b) a period of seven days has elapsed since the date of service of the default judgment on the defendant.I.further sum of K for the costs of the said registration. (As amended by S. Personal property first to be realised Proceedings by 4. the real property of such person shall only be sold if the personal property is insufficient. (1) Except by express leave of the Court or a Judge. except by express leave of the Court or a Judge. but if the Court or a Judge sees it fit. and shall not be issued unless(a) a copy of the default judgment entered has been served on the defendant in accordance with the provisions of Order X. No. and shall have all the powers of the Court for the summoning of such assessors and payment of their proper fees and expenses. 30 of 1984) ." and any warrant issued under any such writ of execution shall be varied in a similar manner. the writ of execution shall not be issued. way of elegit sitting without a jury. (2) In every case. a writ of Issue of writ of execution in respect of a final judgment entered in default of appearance execution pursuant to the provisions of Order XII shall be issued only if. Deputy Sheriff or Under-Sheriff may at his discretion make provision by order against any party to such proceedings. 235 of 1958) 5. 275 of 1959) 3. for payment of whose fees and expenses the Sheriff. (No. In any proceedings by way of elegit any inquisition shall be conducted without oath by the Sheriff. until three days after the day of the date of the order or judgment. Deputy Sheriff or Under-Sheriff. (No. On any levy on the property of any person to satisfy an order or judgment of Court for the payment of money. and the High Court may at the request of any party to any such proceedings issue subpoenas for the attendance of witnesses. it or he may order immediate execution. but he may in his discretion sit with assessors.

and the duplicate thereof shall thereupon be despatched by the proper officer to the party's Advocate or to the party himself if he is acting in person. (As amended by S. 71 of 1997) 7. and. or on the request of the party whose goods are seized. (No. and. bailiff or other person is charged with the execution of a warrant of commitment or committal. Where O. or after any payment to avoid such execution. (1) In all cases the Sheriff.I. No. nor delay the execution with a view to taking walking Walking possession . (2) Where the Sheriff. as the case may be. Under-Sheriff. No sale of goods taken in execution shall be made until the end of Procedure on five days next after such goods were seized. in the event of the same not having been carried into effect or payment made as aforesaid at the expiration of fourteen days from the date of receipt thereof and each succeeding fourteen days thereafter. whether in whole or in part. he shall not enter into mere walking possession. the sale shall be advertised at least once in a newspaper circulating in the district where the sale is to take place. 42 the property seized is of a value estimated to exceed fifty thousand kwacha.6. Under-Sheriff. When the Sheriff. specifying the extent to which such process shall have been executed or payment made. (3) Any return required to be rendered under the foregoing sub-rules shall be rendered to the Court in duplicate. 106 of 1959) 8. he shall render a return specifying the reason or reasons for such non-execution. he shall render a return of due execution within seven days after the same shall have been carried into effect or payment or part payment made in lieu. bailiff or other person Return of writ charged with the execution of any particular process shall render a return in Form 16 in the First Schedule within seven days after the execution thereof. bailiff or other person is charged with the levying of an execution. Under-Sheriff. he shall render a return in similar form specifying the reason or reasons why such execution is so incomplete. unless such goods are execution perishable. in the event of the same not being fully executed or payment in full not having been made at the expiration of the first and each succeeding month thereafter. who has required such process or warrant to be executed.

for direction 12. and bearing the like seal of the Court. or by such party giving a written notice of renewal to the Sheriff. and so on from time to time during the continuance of the renewed writ. at any time. month and year of such renewal. O. when in doubt as to the mode of Court for attachment. at any time before its expiration. either by being marked with a seal of the Court bearing the date of the day. Where directions have been given under rule 12. 14. where such property consists of debts or of shares in a company. (No. (No. be renewed by the party issuing it for one year from the date of such renewal. direction 13. 106 of 1959) 11. and. showing the same to have been renewed. A writ of execution if unexecuted shall remain in force for one year Renewal of writ only from its issue. refuse apply to Court to issue the writ. and. shall be sufficient evidence of its having been so renewed. the Court shall have power to summon and examine all such persons as parties and Attachment of property in the hands of other persons Power to summon . the Registrar shall. In the case of negotiable instruments or debts due to the judgment Reference to debtor and the like. signed by the party or his advocate. notice of the attachment shall be served on such party. by leave of the Court or a Judge. according to the time of the original delivery thereof. or of the notice renewing the Evidence of renewal same. unless renewed in the manner hereinafter provided. in the meanwhile. 106 of 1959) 9. 106 of 1959) 10. notice of the attachment shall be given to the debtor or to the company. 42 but such writ may. purporting to be marked with such seal as in the last preceding rule mentioned. take the direction of the Court or a Judge. and be entitled to priority. and a writ of execution so renewed shall have effect. The production of a writ of execution. Where property attached is in the hands of a third party. (No. take the direction of the Court or a Registrar may Judge as to any application for execution. The Registrar may.possession only. unless and until the person against whom such execution has been issued signs a request and authority for walking possession in Form 42 in the First Schedule.

and examine other may make interim orders. goods or chattels. and property in custodia legis shall be liable to attachment by leave of the Court or a Judge. the order of attachment must be served on such public officer. Property in the custody or under the control of any public officer in his official capacity shall be liable to attachment in execution of a decree with the consent of the Attorney-General. such order releasing the property from the attachment. 235 of 1958) 15. When relief by interpleader (a) Where the person seeking relief (in this Order called the application) is under liability for any debt. sued by two or more parties (in this Order called the claimants) making adverse claims thereto. at any time. money. The Court may also examine any other party or witness it may Power to think fit respecting the matters mentioned in the last preceding rule. issue a summons to the judgment debtor calling on him to appear and be examined respecting his ability to satisfy the judgment. ORDER XLIII INTERPLEADER O. or on the Registrar. The Court may. for granted or in respect of which he is or expects to be. Relief by way of interpleader may be granted: . and shall make witnesses. (b) Where the applicant is a Sheriff or other officer charged with the execution of process by or under the authority of the Court. and claim is made to any money.witnesses respectively as it may consider necessary. and giving directions as to the costs of such inquiry. goods or chattels taken or intended to be taken in execution under any process. as to the existence and value of his property and of any debts owing to him. and such order shall be conclusive against all parties with notice thereof. 43 (No. or to the proceeds or value of any such goods or chattels by any person other than the person against whom the process is issued. allowing or disallowing the claims of the third parties. as it shall think fit. for the preservation of any witnesses property available towards the discharge of the decree. etc. and the judgment debtor may be examined as to the same upon oath. 16. (As amended by No. if necessary. 218 of 1944) 1. Property in the custody of a public officer or in custodia legis Power to examine judgment debtor as to means 17. In such cases. as the case may be.

44. application to be made by a defendant 5. but the order shall not affect the rights of the claimants as between themselves. The applicant may take out a summons calling on the claimants to appear and state the nature and particulars of their claims. Where the applicant is a defendant in an action. 4. and (b) that the applicant does not collude with any of the claimants. but are adverse to and of claimants independent of one another. If a claimant. . and either to maintain or relinquish them. If the claimants appear at the hearing of the application. the Court or a Judge may make an order declaring him. Failure of claimant to appear or to obey order O. the Court or a Stay of action Judge may stay all further proceedings in the action. The applicant must satisfy the Court or a Judge by affidavit or otherwise(a) that the applicant claims no interest in the subject-matter in dispute. and persons claiming under him. 43. other than for charges or costs.2. application for relief When may be made at any time after service of the writ of summons. Summons by applicant 6. does not appear on the return day or having appeared neglects or refuses to comply with any order made after his appearance. or that an issue between the claimants be stated and tried. 45 8. forever barred against the applicant. The applicant shall not be disentitled to relief by reason only that the Adverse titles titles of the claimants have not a common origin. and which defendant. 7. and all persons claiming under him. and (c) that the applicant is willing to pay or transfer the subject-matter into Court or to dispose of it as the Court or a Judge may direct. Matters to be proved by applicant 3. If the application is made by a defendant in an action. having been duly served with the notice of the application. the Court or Order to be a Judge may order either that any claimant be made a defendant in any made at hearing action already commenced in respect of the subject-matter in dispute in of application lieu of or in addition to the applicant. and in the latter case may direct which of the claimants is to be plaintiff.

shall apply as far as circumstances may permit to all applications made under the Companies Act or any Act in amendment or substitution thereof. or any of such matters. 98 of 1958) PROCEDURE ON APPLICATIONS UNDER COMPANIES ACT 1. 45 . The arbitrators shall be nominated by the parties in such manner as Appointment of may be agreed upon between them. 2. they may apply to the Court or a Judge. give all such directions for the disposal of any issue orders and costs including the delivery of any pleadings and other matters and may make all such orders as to costs as may be just and reasonable. of the United Kingdom. ORDER XLIV (No. and the parties are desirous that the nomination shall be made by the Court or a Judge. O. of the Cap. 1929.9. or if the persons nominated by them shall refuse to accept the arbitration. If the parties to a suit are desirous that the matters in difference Order of between them in the suit. at any time before final judgment. 3. and the Court or a Judge may. The Rules of the Supreme Court of England in force immediately Procedure prior to the coming into effect of the Companies Act. should be referred to reference the final decision of one or more arbitrator or arbitrators. on such application. ORDER XLV REFERENCE TO ARBITRATION 1. in or for the purposes of any interpleader Incidental proceedings. except if and so far as any such Act otherwise provides. and the general practice therein as regards the procedure on applications under the Companies Act. make an order of reference accordingly. for an order of reference. The Court or a Judge may. by an order under the seal of the Court. 1948. If the parties cannot agree with arbitrators respect to the nomination of the arbitrators. the Court or a Judge shall appoint the arbitrators. 388 United Kingdom. The Court or a Judge shall.

. the same process to the parties and witnesses whom the witnesses arbitrators or umpire may desire to have examined shall issue as in ordinary suits. it shall be lawful for him to enter on the reference in lieu of the arbitrators. or making any other default. or otherwise as may be agreed upon between the parties. or by declaring that the decision shall be necessary with the majority. When a reference is made to arbitration by an order of the Court or a Enforcing attendance of Judge. penalties and punishments. In any case in which an umpire shall have been appointed.refer to the arbitrators the matters in difference in the suit which they may be required to determine. or by empowering the arbitrators to appoint an umpire. the Court or award a Judge may. or shall have delivered to the Court. or unless the award shall have been made after the issue of an order by the Court or a Judge superseding the arbitration and recalling the suit. enlarge the period for delivery of the award. or refusing to give their testimony. and the time so fixed shall be specified in the order. or to the umpire. as they would incur for the same offences in suits tried before the Court. from time to time. provision shall be Appointment of made in the order for a difference of opinion among the arbitrators. 6. Form of order of reference 4. or their extended time. unless on proof that the delay in completing the award arose from misconduct of the arbitrators or umpire. by order of the Court. or being guilty of any contempt of the arbitrators or umpire during the investigation of the suit. if it or he shall think proper. if they cannot agree. and shall fix such time as it or he may think reasonable for the delivery of the award. or other good and sufficient cause. on the representation of the arbitrators or umpire. or. and persons not attending in compliance with such process. a notice in writing stating that they cannot agree: Provided that an award shall not be liable to be set aside only by reason of its not having been completed within the period allowed by the Court or a Judge. by umpire where the appointment of an umpire. shall be subject to the like disadvantages. 5. to expire without making an award. if they shall have allowed their time. as the Court or a Judge may determine. When the arbitrators shall not have been able to complete the award Extension of time for making within the period specified in the order. from want of the necessary evidence or information. If the reference be to two or more arbitrators.

and does not affect the decision on the matter referred. to appoint an umpire. 9. The award shall contain a conclusive finding. make such order as it thinks just respecting the costs of the arbitration. the arbitrators or umpire so appointed shall have the like power to act in the reference as if their names had been inserted in the original order of reference. or contains any obvious error which can be amended without affecting such decision. Where the arbitrators are empowered. within seven days after such notice shall have been served. The Court may also. and. and the award contain no sufficient provision concerning them. In any of the following cases. and upon proof to its or his satisfaction of such notice having been served. the arbitrators or umpire shall die. upon any reference by Special case for an order of the Court or a Judge. on the application of either party. if such part can be separated from correct award the other part. to state their award as to the whole or any part thereof in Court the form of a special case for the opinion of the Court. and do not appoint an umpire. modify or Court may correct an award where it appears that a part of the award is upon modify or matters not referred to the arbitrators. by the terms of the order of reference. the Court shall have power to remit Power as to costs Power of Court . and if it is not provided opinion of to the contrary. It shall be lawful for the arbitrators or umpire. it shall be lawful for the Court or a Judge to appoint a new arbitrator or arbitrators. if. it shall be lawful for the Court or a Judge. upon the application of the party having served such notice as aforesaid. on the application of either party. Power of Court in case of death. If. The Court may. incapacity or refusal to act O. or refusing to act or becoming incapable of acting. if any question arise respecting such costs or their amount. It shall comprehend a finding on each of the several matters referred. 10. no umpire be appointed. if they think fit. or refuse to act or become incapable of acting. to appoint an umpire. In any case of appointment under this rule. in any case of reference to arbitration by an order of the Court or a Judge. and may not find on Finding to be the contingency of any matter of fact being afterwards substantiated or positive deposed to. any of the parties may serve the arbitrators with a written notice to appoint an umpire. or where the award is imperfect in form.7. 12. in the place of the person or persons so dying. 45 8. or umpire. 11.

being or purporting to be testamentary. for consideration to remit award by the arbitrators or the umpire. order him to produce the paper. When it appears that any paper of a deceased person dying within Court may the jurisdiction. (c) If an objection to the legality of the award is apparent upon the face of the award. for that is to say: reconsideration (a) If the award has left undetermined some of the matters referred to arbitration. 2. (b) If the award is so indefinite as to be incapable of execution. and the award shall thereupon have the same force and effect for all purposes as a judgment. or any of the matters referred to arbitration. production in a summary way. If no application shall have been made to set aside the award. whether a suit or proceeding for probate or administration is pending or not. 14. or if the Court shall have refused any such application. the Court or a Judge may. order that he be examined respecting the same orally or on interrogatories. and that he do attend for that purpose. No award shall be liable to be set aside except on the ground of perverseness or misconduct of the arbitrator or umpire. that he do produce the paper. 45. or if it has determined matters not referred to arbitration. Setting aside 13. either party may file O.the award. upon such terms as it may think proper. Where it appears that there are reasonable grounds for believing that any person has knowledge of any paper being or purporting to be testamentary (although it is not shown that the paper is in his possession or under his control). Examination respecting testamentary papers . in a summary way. Any application award to set aside an award shall be made within fifteen days after the publication thereof. or to Filing award: effect of remit the same or any of the matters referred for reconsideration. and. ORDER XLVI PROBATE AND ADMINISTRATION I-General 1. the Court or a Judge may. whether a suit or proceeding for probate or administration is pending or not. is in the order possession or under the control of any person. 46 the award in Court. after examination.

47 Testator may deposit will Registrar may refuse application . and the Registrar shall prepare the necessary papers to lead a grant of probate or letters of administration. and may. as the case may be. give notice to the executors. 37 of 1964) 8. No. Small estates shall not exceed in value the sum of five hundred thousand kwacha. Notice to executor to come in and prove Form of suits 5. in his lifetime. (As amended by S. in wills of which such manner as to secure at once the due preservation and convenient probate granted inspection of the same. No. or some one of them. or by letter. at any time withdraw such will. of its own motion or on the application of any person claiming an interest under a will. 71 of 1997) II-Custody of Wills 7. may apply to the Registrar personally. sealed up under his own seal and the seal of the Court.I. Where the whole estate of a person. (As amended by S. as nearly as may be.3. to come in and prove the will or to renounce probate. in the like manner as suits in respect of ordinary claims. deposit for safe custody in the Court his own will. notwithstanding the provisions of rule 9. The Registrar shall refuse to proceed with the application if he has reason to believe the estate exceeds the sum of five hundred thousand kwacha. to the estate of the deceased. Suits respecting probate or administration shall be instituted and carried on. widow or next of kin. and they.I. shall be preserved in the registry. the husband. Any person may. The Court may. 71 of 1997) 6. 4. within fourteen days after notice. Every original will of which probate or administration with will Custody of annexed is granted shall be filed and kept in the registry of the Court.I. No. shall. residing within the jurisdiction. (As amended by S. A copy of every such will. and of the probate and administration. 46. whether testate or intestate. come in and prove or renounce accordingly. if any. O. therein named.

shall be O. then and not otherwise the court below shall give final leave to appeal: Provided that(i) the court below. payment and notice are so given and made within one month after the application for conditional leave to appeal. and if application for final leave to appeal be filed in the court below not later than seven days after the expiration of such month. Wills not given out without order of Court ORDER XLVII CIVIL APPEALS I-Leave to Appeal 1. on account of the poverty of an appellant. in its discretion. as respondents. if granted by the Court. although such appellant may not have been formally admitted to sue or defend as a pauper. If security. may extend the time for the fulfilment of the conditions of appeal. (2) Leave to appeal. From . as the court below thinks fit to direct. appeal either by deposit or by bond in Form 48 in the First Schedule. and to such others. After fourteen days from the date of any interlocutory decision. He shall also give notice of the appeal to all parties directly affected by the appeal. dispense with such security for costs. under rule 4. (1) Every appellant shall give security to the satisfaction of the Conditions of subordinate court (hereinafter in this Order called "the court below"). in its discretion. II-Limitation of Time for Appeals 2. mutatis mutandis. for payment of all such costs as may be awarded to any respondent by the Court. (ii) the court below may.9. or of the application for final leave to appeal. 47 granted. in accordance with the provisions of sub-rule (1). He shall also pay into the court below the amount of the expense of making up and transmission to the Court of the record of appeal. An exemplification of the probate or administration with the will annexed may be obtained from the Court. No original will shall be delivered out for any purpose without the direction in writing of the Court.

file in the court below the grounds of his appeal.application for leave to appeal shall not be entertained. filed 7. without the application of any party. except so far as the court below may direct. the pleadings (if any). the notes of the evidence. the court below shall. On the expiration of fourteen days after final leave to appeal has been given. The appellant shall. amend or add Amendment of to the grounds of his appeal. After one month from the date of a final judgment or decision. by leave of the Court. An appeal shall not operate as a stay of execution or of proceedings Appeal not to under the judgment or decision appealed from. he shall be deemed to have abandoned the appeal. Effect of failure to file grounds of appeal 8. From final application for conditional leave to appeal shall not be entertained by the judgments by court below. After three months from the date of a final judgment or decision. the judgment or order of the court below and the grounds Contents of record of appeal . at any time. unless the court below or the Court shall see fit to extend the time. certified copies of all documents admitted as evidence or tendered as evidence and rejected. From final application for conditional leave to appeal shall not be entertained by the judgments by Court. The appellant may. and no intermediate act or proceeding shall be invalidated. except so far as the court operate as stay of execution below or the Court may order. leave of the Court III-Execution or Suspension of Judgment Pending Appeal 5. which shall consist of the writ of summons. and shall cause appeal to be a copy of such grounds of appeal to be served on the respondent. within seven days after obtaining final leave to Grounds of appeal. leave of the court below 4. grounds of appeal V-Transmission of Record 9. On the appellant failing to file the grounds of appeal within the prescribed time. make up the record of appeal. IV-Grounds of Appeal 6. interlocutory orders 3.

before or at the hearing of the appeal. 47 Production of original letters or documents Notice to parties in appeals from final judgments Failure of 15. but every such order may be discharged or varied by the Court. at such time as the Court directs. and not to the court below. if required by the Court. Every application in the proceedings appeal pending shall be made to the Court. but. where necessary. the court below may make any interim order to prevent prejudice to the claim of any party pending an appeal.of appeal. in cases of urgency. where a party to the appeal notifies to the Court his desire to attend. and may make any interim order or grant any injunction which the court below is authorised to make or grant. 13. when completed. Notice to parties in interlocutory appeals O. require security for costs or for Additional performance of the orders to be made on appeal. in person or by professional . he shall be at liberty to do so. until the appeal is Control by disposed of. but any application may be made through the court below: Provided that. it thinks fit to do so. the Court shall not cause notice to be given to the parties of the day when the appeal shall be disposed of. The Court may. VI-Proceedings in the Court 11. in addition to what the security court below has thought fit to direct. and which may be necessary. The record of appeal. After the record of appeal has been transmitted. 14. The court below shall not. 12. and the parties must be prepared to produce the originals. (1) If the appellant fails to appear. 10. the Court shall be in possession of the whole proceedings as Court while between the parties to the appeal. and to be heard. take upon itself the charge or the transmission of original letters or documents produced in evidence. If the appeal is from a final judgment or decision. through the court below. the Registrar shall give notice of the date of hearing. shall be forwarded to the Registrar. except for some special cause. unless. in the special circumstances. If the appeal is from an interlocutory order. to the parties to the appeal. These shall be returned to the parties producing them.

either in person or by his professional representative. it may determine the appeal in the absence of that party. if it thinks fit. allege any facts essential to the issue that have come to his knowledge after the decision of the court below. 18. if the Court sees fit. Failure of 16. the Court may. proceed to hear the appeal ex parte. in person or by professional representative. when the appeal is called on for hearing. to any party to an appeal to adduce new New evidence evidence in support of his original case. (1) Notwithstanding anything in rules 15 and 16 contained.representative. the Court may. No interlocutory order from which there has been no appeal shall operate so as to bar or prejudice the Court from giving such decision upon the appeal as may seem just. A party may. 17. for the furtherance of on appeal justice. It is not open. Interlocutory order not to prejudice decision on appeal O. the appeal shall. and on such terms as to costs or otherwise as it may deem just. it shall not be necessary for the Registrar to give him notice of the date of hearing in accordance with rule 14. (2) If any party so notifies the court below. and thereupon. appellant to on proof of service upon him of the notice of the hearing. but. 47 Hearing in absence of parties . and the court below shall so inform the Registrar at the time of transmitting the record. direct the appeal to be re-entered for hearing. the Court shall. (2) When an appeal has been dismissed owing to the non-appearance of the appellant or his professional representative. allow or require new evidence to be adduced. if any party to the appeal is desirous that the appeal should be disposed of without his attendance. stand appear dismissed with costs. 19. respondent to appear on proof of the service upon him of notice of the hearing. and adduce evidence in support of such allegations. when his appeal is called on for hearing. where it thinks fit. as of right. If the respondent fails to appear. by leave of the Court. he shall notify the court below.

shall have as full jurisdiction over the whole proceedings as if the proceedings had been instituted and prosecuted in the Court as a court of first instance. VIII-Fees Payable 24. 48 Execution by court below in terms of certificate Power of Court to give any decision or make any order . although such respondents or parties may not have appealed from or complained of the decision. and may rehear the whole case. or may remit it to the court below to be reheard. according as the Court may as directed by consider most expedient and may direct. Fees O. and the latter shall enforce the judgment. When the Court directs any judgment. decree or order made by the Court in the terms of the certificate.20. Decrees or Orders on Appeal 22. The Court or the court below may. although such party may not have been formally admitted to sue or defend as a pauper. a certificate under seal of the Court and the hand of the presiding Judge setting forth the judgment. and. make any order necessary for General powers determining the real question in controversy in the appeal. Any judgment. generally. The fees prescribed in Part 2 of the Second Schedule shall be charged in respect of the matters to which they are respectively assigned. and may direct the court below to inquire into and certify its finding on any question which the Court thinks fit to determine before final judgment in the appeal. including any order as to costs. and may of Court amend any defect or error in the record of appeal. from time to time. the Court 23. or to be otherwise dealt with as the Court directs. 47. and also be exercised in favour of all or any of the respondents or parties. as the case may be. The Court may. or for other sufficient reasons. on account of the poverty of any party. notwithstanding that the appellant may have asked that part of a decision may be reversed or varied. and shall be paid to the Registrar or the court below. The Court shall have power to give any judgment and make any order that ought to have been made. decree or order of the Court shall be transmitted by the Registrar to the court below. and to make such further or other orders as the case may require. These powers may be exercised by the Court. 21. decree or order to be enforced by the court below. decree or order given or made by the Court may be Execution to be enforced by the Court or by the court below. VII-Enforcement of Judgments.

shall be entered in the District Registory in the proper book. 3. to the court by which it was made to vary or discharge it. No. Any person aggrieved by such an order may apply. by motion on notice to the other party. except by special leave of the Court or of Ex parte orders the court below. No.I. all Proceedings to proceedings. 48 the default of the defendant. if it sees fit. 71 of 1997) 4. (1) Where a cause or matter is proceeding in a District Registry. An appeal does not lie. Causes or matters commenced in a District Registry shall be instituted as causes or matters in that Registry and shall be serially numbered in that Registry. in the same manner as a like judgment or order in an action proceeding in Lusaka would be entered in the Principal Registry. shall be recorded in the District Registry including the entry of final judgment. ORDER XLVIII PROCEEDINGS IN DISTRICT REGISTRIES 1.dispense. 71 of 1997) any District Registry 2. (As amended by S. or by consent. by reason of O. 71 of 1997) Title of causes or matters commenced in a District Registry. In any action the plaintiff wherever resident may issue a writ out of Writs or other any District Registry. or the Court or a Judge shall otherwise order.I. from an order made ex parte. (2) Every final judgment and every order for an account. process may be issued out of (As amended by S. No. IX-Ex Parte Orders 25.I. except where by the Act or by these Rules it is otherwise be in a District Registry provided. (As amended by S. with payment of any fees. and an appeal lies from the decision on that application in like manner as from other orders or decisions. Where the writ of summons issues out of a District Registry and the Entry of plaintiff is entitled to enter interlocutory judgment under any of the rules interlocutory .

and all costs shall be taxed in the District Registry. proceedings relating to the following matters: (a) leave to issue or renew writs of execution.I. If any matter appears to the District Registrar proper for a decision Reference to of a Judge. unless the Court or a judge shall otherwise direct.I.of Order XII. Where a cause or matter is proceeding in a District Registry. (As amended by S. (As amended by S. Registry when damages shall have been assessed. 71 of 1997) 5. No. Every application to a District Registrar shall be made in the same manner in which applications in chambers are directed to be made by these Rules. all writs of execution for enforcing any judgment or order therein. shall. shall issue from the District Registry.I. order or direction of a District Appeal from a . No. 71 of 1997) 9. the interlocutory judgment. shall be entered in the District Registry. (d) charging orders nisi. or where the cause or matter is proceeding in the District judgment in a Registry and the plaintiff is entitled to enter interlocutory judgment District under any of the rules of Order XX. unless the Court or a Judge shall otherwise order. 7. (As amended by S. be taken in the District Registry. rule 16. the District Registrar may refer the same to a Judge. An appeal shall lie from the decision. Where a cause or matter is proceeding in a District Registry. (c) garnishee orders. No. (b) examination of judgment debtors for garnishee purposes or under Order XLII. final judgment. Cap. 77 8. and (e) interpleader orders. and the judge judge may either dispose of the matter or refer the same back to the District Registrar with such directions as he may think fit. unless the Court or a judge shall otherwise order. 71 of 1997) Mode of application Proceedings necessary or incidental to judgment Writs of execution. No.I. and. 71 of 1997) 6. (As amended by S. and all summonses under the Debtors Act.

and no not to be taken subpoena for the production of any such document shall be issued.I. the party on whose application the order for removal of removal was made shall give to the other party notice of an address for service and a postal address for service. as far as they are applicable. No. to which the cause or matter is removed in all respects as if the writ of summons or other originating process or the appearance had been originally issued or entered in the Principal Registry or in such District Registry. as the case may be. all pleadings and other documents required to be filed shall be filed in the District.. out of District Registry (As amended by S. rule 10 of Order XXX shall apply accordingly. both within twelve kilometres from the Principal or District Registry. as the case may be. No. and every proceeding in a District Registry shall be subject to the control of the Court or a Judge. No. as fully as a like proceeding in the Principal Registry. as court or judge fully as any other officer of the Court. Registry without the order of a Judge or of the District Registrar. 71 of 1997) 11. be used in or for the purpose of the District Registries. 49 made or given by the Registrar in that cause or matter. 71 of 1997) 12. No. (As amended by S.I. with such variations as circumstances require. 71 of 1997) 14.48. (As amended by S. Where a cause or matter is proceeding in a District Registry. (As amended by S. No. No affidavit or record of the Court shall be taken out of a District Affidavit. and the provisions of these Rules with respect to appeals and. Every District Registrar and other officer of a District Registry Control by shall be subject to the orders and directions of the Court or a Judge. 71 of 1997) Filing in District Registry 13. a cause or matter is Address for removed from a District Registry to the Principal Registry or to another service in case District Registry.I.Registrar in any cause or matter as provided for under rule 10 of Order District XXX in the same circumstance and except as hereinafter provided. etc. Where under the provisions of the Act. order or direction was 0. Forms to be used . (As amended by S. The forms contained in the First Schedule shall. in particular. Registrar subject to the same incidents as if the decision.I. 71 of 1997) 10.I.

I. 92 of 1988) 2. Ndola. and the O. The sittings of the Court in Lusaka. Kitwe. 309 of 1960) SITTINGS AND VACATIONS 1.(As amended by S. the Trinity sittings. Mongu. the Whitsun vacation. Trinity sittings commence on Tuesday after Whitsun week and terminate on the 22nd August. Chipata and Kasama shall be four in every year. (b) Any party to a cause or matter may at any time before the end of the said vacation in any year apply by summons to a judge for any order that the cause or matter shall be tried or heard during that vacation. and the Christmas Vacation shall commence on 11th December and terminate on the 9th January.I. (1) The vacations to be observed in the several courts and offices of the High Court shall be four in every year. Sittings of the Livingstone. and terminate on the Friday before Whit-Sunday. (2) (a) All such applications as required to be immediately or promptly heard shall be heard in vacation by a Vacation Judge. No. The sittings of the several offices of the Court at the Principal and District Registries shall extend over the whole of the four periods between vacations. (As amended by S. The Hilary sittings shall commence on 10th January and terminate on Thursday before Easter. and the Michaelmas sittings shall commence on the 1st October and terminate on the 10th December. 71 of 1997) ORDER XLIX (No. and if the Judge is satisfied that there is urgent need for the trial or hearing to take place in the said vacation he may make an order accordingly and fix Sittings of Court offices Vacation in courts and offices. The Easter vacation shall commence on Good Friday and terminate on Easter Tuesday. that is to say. the Easter sittings shall commence on Monday Easter week. the Michaelmas vacation and the Christmas vacation. the Easter sittings. No. that is to Court say. the Michaelmas Vacation shall commence on the 8th August and shall terminate on the 6th September. the Whitsun vacation shall commence on the Saturday before Whit Monday and shall terminate on the Tuesday after Whit Sunday. Kabwe. the Hilary sittings. 3. Trial in Michaelmas and Christmas vacations . 49 Michealmas sittings. the Easter Vacation.

and S.I. as the case may be. No. (As amended by S. for the trial or hearing of any such cause or matter during the said Christmas vacation. or. (4) The Court or a Judge dealing with an application under Order XIII. and such Judge may make an order for the trial or hearing of such cause or matter during the Michaelmas vacation accordingly and fix the date of trial. if satisfied that there is urgent need for the trial of the action during the next ensuing Michaelmas or Christmas vacation. No. or in the absence of such a Judge to a Judge in chambers. in the absence of such a Judge. to a Judge in chambers. 63 of 1964. (5) Revoked by S. 92 of 1988) 4. The days of the commencement and termination of each sitting and First and last vacation shall be included in such sitting and vacation respectively.I. 92 of 1988) (3) Any party may at any time after the 17th August in any year and before the close of the Michaelmas vacation in that year apply by summons to a Vacation Judge for the said Michaelmas vacation. order that the trial shall take place in the said Michaelmas or Christmas vacation and shall refer the matter to the Vacation Judge in chambers. may. for the trial or hearing of any such cause or matter during the said Michaelmas vacation. or. to a Judge in chambers. The several offices of the Court in the Principal and District Days on which .I No. in the absence of such a Judge.I. 49 Judge is satisfied that there is urgent need for the trial or hearing of the cause or matter during the Michaelmas or Christmas vacation.a date for the trial or hearing. and such Judge may make an order for the trial or hearing of such cause or matter during the Christmas vacation accordingly and fix the date of trial: Provided that no order for such trial or hearing shall be made unless the O. 92 of 1988 (As amended by S. days inclusive 5. and any party may at any time after the 5th December in any year and before the close of the Christmas vacation commencing in that year apply by summons to a Vacation Judge for the said Christmas vacation. to fix the date of trial. rule 3. as appropriate. No.

Any other Judges Judge may sit in vacation for any Vacation Judge or where no Vacation Judge has been appointed for Lusaka and other places as the case may be.m. shall. the prosecution may be continued at the chambers of the same Judge if and so far as he shall think fit.Registries shall be open on every day of the year except on Saturdays. other than Saturdays. and whenever a Judge is away from his chambers for any reason.m. the judgments or orders of any Judge may be prosecuted at the chambers of any other Judge by his permission. the offices of the Court in Office hours the Principal and District Registries shall be open to the public on weekdays.I. 50 Prosecution of judgments or orders between sittings 10. to 12 noon. appoint a Vacation Judge Appointment of Vacation or Vacation Judges for the hearing in Lusaka Ndola. matters and other business specified in rule 3 (4). as the case may be. Subject to any order of the Chief Justice. (S. during vacation from 9 a. In the interval between the close of any sittings and the commencement of the next sittings. 9. of all such applications as may require to be immediately or promptly heard. and in case the prosecution thereof shall not be completed during the interval. (As amended by S. public holidays and such other days as the Chief Justice may direct in respect of all the offices of the Court or any particular office. Kabwe. the Puisne Judge present thereat who was last appointed a Judge of the Court shall be Vacation Judge. matters and Sittings of other business ordered to be tried or heard during vacation and all Vacation causes. until 12 noon. be deemed to be a portion of the vacation. Livingstone. and from 2 p. No. Mongu and Kasama during vacation. O. so far as the disposal of business by the Vacation Judges between sittings is concerned. 37 of 1964) offices are to be closed 6. from time to time. 8. Any interval between the sittings of the Court not included in a Interval vacation. A Vacation Judge may hear and dispose of all causes.m.. to 3 p. 37 of 1964) 7.m. 49. as follows: (a) and (b) during term from 9 a.I. and vacations . Sundays. Judges Kitwe. In default of any appointment of a Vacation Judge for Lusaka or Ndola. No. The Chief Justice may.

Upon the party to be charged applying to the Court or a Judge. by any of the partners. In case no application shall be made within one month. such bill either being signed by such practitioner (or. "practitioner" included barrister. 4. upon such terms as shall be thought proper. dwelling-house or last known place of abode a bill of such fees. unless the context otherwise requires"fees" include charges and disbursements. No such reference as aforesaid shall be directed. Advocate or Notary Public. No practitioner shall commence any suit for the recovery of any fees Bill to be sent for any business done by him until the expiration of one month after he before suit shall have delivered to the party to be charged therewith or sent by registered letter to or left for him at his office. Advocate and Notary Public. administrator and assignee of a barrister. In this Order. upon application Party charged may apply to Court or Judge to tax bill Interpretation Where no application to tax made within one month O.ORDER L RECOVERY OF COSTS BY LEGAL PRACTITIONERS 1. and the executor. 3. or upon the application of the party to be charged. place of business. it shall be lawful for the Court or a Judge to refer the bill and the demand of the practitioner to be taxed and settled by the taxing master of the Court. 2. either in his own name or in the name of the partnership) or being enclosed in or accompanied by a letter signed in like manner referring to such bill. within such month as in the last preceding rule mentioned. 50 . it shall be lawful for such reference as aforesaid to be made. either upon the application of the practitioner making the demand. as in the last preceding rule provided. and the Court or a Judge shall restrain such practitioner from commencing any suit touching such demand pending such reference. in the case of a partnership. with such directions and subject to such conditions as the Court or Judge making the reference shall think proper. and the Court or a Judge may restrain such practitioner from commencing or prosecuting any suit touching such demand pending such reference. 5.

Every order to be made for any reference as aforesaid shall direct the Form of order taxing master to certify what shall be found to be due to or from such to be made. including the Special cases costs of the reference. 8. the cost of the reference shall (except as in rule 8 provided) taxation be paid according to the event of such taxation: that is to say. then such practitioner shall pay such costs. and if such bill. if such bill. the party to be charged shall attend Costs of on taxation. when taxed. It shall not in any case be necessary in the first instance for any practitioner. practitioner in respect of the bill and demand referred. sent or left as aforesaid. Upon any reference as aforesaid. after judgment shall have been When obtained in any suit for the recovery of the demand of such practitioner application not as aforesaid. Provided that(i) the taxing master may certify specially any circumstances relating to such bill or reference. (ii) where any reference is made under rule 5. on any reference as aforesaid. 9. to prove the Proof of compliance . be less by a sixth part than the bill delivered. sent or left. the taxing master may proceed to tax and settle the bill and taxation demand ex parte. except under special circumstances to be proved to the satisfaction of the Court or a Judge to which or to whom application for such reference shall be made. and the Court or a Judge may make any such order as it or he may think right respecting the costs of such reference. if it or he thinks fit. give any special directions relative to the cost of such reference. or after the expiration of twelve months after any bill as to be granted aforesaid shall have been delivered. when taxed. 7. in proving a compliance with these Rules. if either the practitioner or the Non-attendance party to be charged. shall not be less by a sixth part than the bill delivered. then the party to be charged making such application or so attending shall pay such costs. sent or left. shall refuse or neglect to attend of party at the taxation. If. 6.made by the party to be charged. having due notice. the Court or a Judge may.

It shall be lawful for the Court or a Judge to make an order for the Court or Judge delivery by any practitioner of any bill of fees for business done by him. but it shall be sufficient to prove that a bill for fees signed in the manner provided or enclosed in or accompanied by such letter as provided was duly delivered. And it shall be lawful for the Court or a Judge to order that judgment be entered for the amount submitted. in its or his discretion. the taxing master shall submit to the Court or a Judge the taxation result of his taxation. 11. 50. 13. unless the retainer is disputed. although one month shall not have expired from the delivery of such bill. 218 of 1944) Where practitioner may begin suit within month of delivery of bill Applications to be by motion ORDER LI AGENCY ALLOWANCE (No. including costs. (As amended by No. It shall be lawful for the Court or a Judge to authorise any practitioner to commence a suit for the recovery of his fees against the party chargeable therewith. 51 any such taxation. and the amount so submitted shall be final and conclusive as to the amount of the bill and costs: Provided that the Court or a Judge may. with rules 10. on proof. to the satisfaction of the Court or a Judge. would tend to defeat or delay such practitioner in obtaining judgment.contents of the bill he may have delivered. 218 of 1944) . sent or left. Upon the completion of the taxation of any bill referred as Completion of aforesaid. that there is probable cause for believing that the party chargeable is about to leave Zambia or to become a bankrupt or to take any other steps or to do any other act which. in the opinion of the Court or a Judge. All applications made under these Rules to refer any bill to be taxed and settled shall be by summons in the matter of the practitioner concerned. review O. may order delivery of bill 12. sent or left. and also to refer his bill of fees and the demand of the practitioner thereupon to be taxed and settled by the taxing master of the Court. or to make such other order therein as the Court or a Judge may deem proper.

the agent shall pay or credit to the country advocate such sums by way of agency allowance as are hereinafter mentioned and prescribed. 3. or (b) engaged in a cause or matter proceeding in a District Registry of the Court and has no place of business within ten kilometres from such District Registry. . as the case may be. 52 and entrusts such cause or matter to another advocate or barrister (hereinafter called an agent) who has a place of business within the said ten kilometres limit from such Registry. No advocate or barrister shall under any circumstances give agency allowance to or accept agency allowance from any person who is not admitted to practise in Zambia as a barrister or advocate and who has no bona fide office or place of business therein. The agent shall pay or credit to the country advocate in respect of the Amount of profit cost charges of the agent for work entrusted to him as an agent by agency such country advocate one-third of all such profit cost charges except allowance such parts of the same charges as have been earned by appearance as an advocate in Court or in chambers.1. 2. No agency allowance shall arise or accrue in respect of conveyancing or subordinate court work or any other business which is not proceeding either in the High Court or the Supreme Court. District Registry or Registry of the Supreme Court of Zambia. When agency allowance to be paid O. No allowance except in High Court and SupremeCourt of Zambia No allowance except to practitioners admitted to practise in Zambia 4. Where a advocate or barrister (hereinafter called a country advocate) is either(a) engaged in a cause or matter proceeding in the Registry of the Court and has no place of business within ten kilo-metres from such Registry. 51. or (c) engaged in a cause or matter proceeding in the Registry of the Supreme Court of Zambia and has no place of business within ten kilometres of such Registry.

(1) These Rules apply to civil proceedings to which the State Proceedings Act applies and to which the State is a party. 52 time limited for appearing shall not expire until four days after the Attorney-General has notified the plaintiff in writing that he is satisfied with the statement supplied in compliance with the notice or four days after the Court has. (1) Order X shall not apply in relation to the service of any process by which civil proceedings against the State are begun. apply to the plaintiff by notice for a further and better statement containing such information as may be specified in the notice. 1 1. award or declaration. he may. 3. the endorsement of claim required by Order VI. Service on the State . decree. 2. in favour of any person against the State or against a public officer as such. shall include a statement of the circumstances in which the State's liability is alleged to have arisen and as to the officers concerned. Particulars to be included in the endorsement of claim (3) Where the Attorney-General has given a notice under this rule.ORDER LII PROCEEDINGS BY AND AGAINST THE STATE (No. (2) In this Order. before the expiration of the time limited for appearing. rule. or in connection with any arbitration to which the State is a party. unless the context otherwise requires"order against the State" means any order (including an order for costs) made in any civil proceedings by or against the State. (2) If in civil proceedings against the State the Attorney-General considers that the writ does not contain a sufficient statement as required by this rule. Cap. 71 Cap. rule 4. (1) In the case of a writ which begins civil proceedings against the State. 396 of 1967) Application and interpretation. on the application of the plaintiff by summons served not less than seven days before the return day. "order" includes a judgment. subject to the following rules of this Order and without prejudice to any rules made under the Constitution. the O. decided that no further information as to the matters referred to in sub-rule (1) is reasonably required.

provided that the time at which the document so posted would be delivered in the ordinary course of post shall be considered as the time of service thereof. or (b) by posting it in a prepaid registered envelope addressed to such officer or such legal practitioner at his postal address. or otherwise: Provided that a plaintiff may apply by summons for an order that the proceedings be put into a list kept for the trial of short causes. but where the proceedings are by or against the State. a person may not in any Counter-claim proceedings by the State make any counter-claim or plead a set-off if the and set-off proceedings are for the recovery of. Summary judgment . duties or penalties. by leaving the document at the Attorney-General's Chambers in Lusaka or Ndola. or by any person in proceedings by the State. at the office of such legal practitioner. by the State in proceedings against the State. no counter-claim may be made. or (c) if no such officer has the conduct of the proceedings or if no such legal practitioner is acting. 71 for the purpose of or in connection with any civil proceedings is not requisite. or the counter-claim or set-off arises out of a right or claim to repayment in respect of. rule 1. (1) Notwithstanding Order XXVIII. rule 3. No application against the State shall be made for summary judgment either under Order XIII. without the leave of the Court. (3) Any application for leave under this rule shall be by summons. 5. service shall be effected in accordance with the provisions of section thirteen of the State Proceedings Act(a) by leaving the document at the office of the officer of the Attorney-General's Chambers having the conduct of the proceedings or. 4. (2) Notwithstanding Order XXVIII. if a legal practitioner is acting for the State in the proceedings. rule 3.(2) Personal service of any document required to be served on the State Cap. or set-off pleaded. any taxes.

the affidavit shall be made by such officer as the Court may direct. (1) Actions against the State to perpetuate the testimony of witnesses Evidence may be instituted in any case in which the State is alleged to have an interest or estate in the honour. State Proceedings Act shall be construed as not requiring the disclosure Cap. 9. (1) A third party notice for service on the State shall not be issued without the leave of the Court. (2) Where in any such proceedings an order of the Court directs that a list of documents made in answer to an order for discovery against the State shall be verified by affidavit. dignity or office or property in question. 8. and the application for the grant of such leave shall be made by summons. 71 of the existence of any document the existence of which it would. in the opinion of a Minister. be injurious to the public interest to disclose. title. An application under the proviso to subsection (1) of section Execution and twenty-one of the State Proceedings Act for a direction that a separate satisfaction of certificate shall be issued under that subsection with respect to the costs orders. O.6. 52 Third party notices 7. . (1) In any civil proceedings to which the State is a party any order of Discovery and the Court made under the powers conferred by section twenty-five of the interrogatories. (2) For the avoidance of doubt. (3) Where in any such proceedings an order is made under the said section twenty-five for interrogatories to be answered by the State. (2) Leave to issue such a notice shall not be granted unless the Court is satisfied that the Attorney-General is in possession of all such information as he reasonably requires as to the circumstances in which it is alleged that the liability of the State has arisen and as to the officers concerned. the Court shall direct by what officer the interrogatories are to be answered. it is hereby declared that any powers exercisable by the Court in regard to the taking of evidence are excercisable in proceedings by or against the State as they are exercisable in proceedings between private persons. and the summons shall be served on the plaintiff and on the Attorney-General.

252 of 1968) Sch. 2. (O. 6. (O. 6. 6. 10. 8. identifying the particular debt from the State in respect of which it is made.) Originating Summons for District Registry. and the application shall be supported by an affidavit setting out the facts giving rise to it and. in particular. 6. may be made to the Court ex Cap. 2.) Specially Endorsed Writ for District Registry. 11. 2. General Title of Writs and Other Documents in a Suit. 6. (O. Cap. 1 LIST OF FORMS 1.) . 6. 2 and 6. r. 2. (O. or may be made at the trial of the proceedings.) Writ of Summons for District Registry. 6. r. 2. 2. 5. Attachment of debts.) Originating Summons not Inter Partes for Principal Registry. (O. r. 0.) Originating Summons for Principal Registry. 71 11.(if any) ordered to be paid to the applicant. r. 2. 71 parte without summons. r. 71 FIRST SCHEDULE (O. 2. 26 (2) of the State Proceedings Act.) Specially Endorsed Writ for Principal Registry. r. (O. (O. 2) (No.) Originating Summons Under Order VI. r. r. 4. 1. 2. 7. Every application to the Court for an order under section twenty-four of the State Proceedings Act restraining any person from receiving money payable to him by the State and directing payment of the money to the applicant or some other person must be made by summons served at least four days before the return day on the Attorney-General and. Writ of Summons for Principal Registry. etc. rs. (O. 6. 2. r.) Originating Summons not Inter Partes for District Registry. 52 Cap. 6. 10. (O. Rules 2 and 6. (O. 6. An application such as is referred to in section twenty-six (2) of the Applications State Proceedings Act may be made to the Court at any time before trial under section by motion or summons. 6. 3. 9. r. on the person to be restrained or his legal practitioner.) Originating Notice of Motion. unless the Court otherwise orders.

1. (S. 28A. 34. 26. Formal Decree. (O. (S. (O. (Walking Possession. r. 1.) Notice of Intention to Vary Attachment of Earnings Order. 24. Debit and Advice Note. r. 1. (O. (O. 4. 22. (O.) Certificate of Service. 38. 1. (O. 29.) Notice of Service on Manager of Partnership. Certificate after Trial. 38. Writ of Fieri Facias. 1. (O.) Warrant of Attachment. r. 21. (O. (O. 42. 26.) Certificate of Service of Foreign Process.) Writ of Re-Elegit. 9. 20.) Search. (O. 1. 33. 20. 6. r. 31. r. Warrant of Arrest and Commitment. 36. 27. 13. 9) Mediator's Report (O.) Judgment (Default of Appearance). 4. 41. 31.) Subpoena Duces Tecum.) Bond for Costs on Appeal.) Writ of Elegit. 31. 46. r. 7.) Summons for Directions. 40. 38. 42.) Praecipe of Subpoena. 27 of the Act.) Warrant for Prisoner to Give Evidence. (O. 45. r. 31.) Elegit for the Residue after a Fieri Facias. 31. 32. 9. 28C. 11. 19. r. 30. Praecipe of Renewed Writ of Summons. (O. r. 1. 1. 1. 18. 23. 12. 50. 28B. 28D. r. 16. 12) Warrant to Attach Property before Judgment.) Order (General Form). 10.) Notice of Payment into Court. 42. 39. 25. 10. 36.) Notice Limiting Defence. 23. (O.) Summons to a Witness. 43. r. r. 42. r. 27 of the Act.12.) Notice of Non-employment of Defendant.) Memorandum of Appearance.) Attachment of Earnings Order. (O. (O. r. (O. r. 10. (O.) (O. r. r. 49. r.) Praecipe of Elegit (or Re-Elegit). r. 13. 42. 20. 10. 27 of the Act. 1. r. (O. 42. 10.) Notice of Hearing. 7. 19. 11. 14. (S. r. 30 of the Act. 17. r. 4) Statement of Understanding: The Role of the Mediator (O. (O. 47. 42. (O. r. Referral Order (O.) Request to Search Judgments Register or Judgments Section of . r. 15. r. (O. 28.) Request and Authority to Under-Sheriff. (S. 42. 44. 38. 8. 42. 11. 20. (O. r. Praecipe of Fieri Facias.) Affidavit of Service. 2. Summons under Order XIII. Summons (General Form).) Return to Elegit. (O. r. 8. 47. r. 11) Mediation Settlement (O. 35. 48. (O. 37.) Judgment (Default of Defence).

r. 37.) Permit for General Searches in Judgments Registers (against Unspecified Number of Names). 2. 53. 37. (O. r. (Sch. 3.51. Part 4.) Fee Sheet (Probate).) . 4. (O.) (O. 4. (Individual Search. the Civil Causes Register. 37.) Application for Permit for General Searches in Judgments Registers (against Unspecified Number of Names). 52. r.

......... (c) (d) ........ deceased'..... IN THE HIGH COURT FOR ZAMBIA (AT THE Between Plaintiff ..... and ......... Here put in the year......................... and in a Probate action (not District Registry) In the Estate of A.... If it is a debenture holder's action the writ must be headed In the matter of the company'. No . Delete if inapplicable...... In an action commenced in the Principal Registry at Lusaka the letters shall be HP.................. In actions commenced in the Ndola....... 1 GENERAL TITLE OF WRITS AND OTHER DOCUMENTS IN A SUIT Republic of Zambia (a)... deceased'........ H ..H........ Livingstone or Kitwe District Registry respectively the letters shall be HN..........B.... HL or HK respectively.. letters and number...........C....B............ A Writ of Summons claiming administration of a trust or settlement may be entitled 'In the matter of the (trust or settlement)'....... DISTRICT REGISTRY) (b) 19 ...... If the action is for administration the writ must be headed In the matter of the Estate of A.... Defendant or In the matter of: (d) NOTES: (a) (b) (c) Here insert description of document............ Civ.............

enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. Lusaka. and judgment may be given in your absence. P. A defendant appearing personally may. if any.O. if renewed. you do cause an appearance to be entered for you in an action at the suit of . if he desire. and not afterwards. Lusaka'. 19 . Civ. inclusive of the day of such service. Witness The Honourable Chief Justice of Zambia Dated the of Our Lord One Thousand Nine Hundred and day of in the year MEMORANDUM TO BE SUBSCRIBED ON THE WRIT Notes: (1) This writ is to be served within twelve calendar months from the date thereof. including the day of such date. 2 REPUBLIC OF ZAMBIA WRIT OF SUMMONS (For issue from the Principal Registry) (General Title) To of You are commanded in the President's name that within days after the service of this writ on you. within six calendar months from the date of the last renewal. .C. so as to reach him within the time stated above. or. The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by Advocate at the Principal Registry. and take notice that in default of your so doing the plaintiff may proceed therein. The forms. day me at (Signed) (Address) * Here insert both actual and postal addresses.H. should be sent in triplicate by registered letter addressed to The Registrar. Advocate for the said plaintiff who resides at † This on the defendant of ENDORSEMENTS TO BE MADE WITHIN THREE DAYS AFTER SERVICE writ was served by on the . High Court for Zambia. † Mention the city or town and also the name of the street and number of the house of the plaintiff's residence. when completed. Box 50067. ENDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF (2) (3) The plaintiff's claim is for This writ was issued by of* whose address for service is at and whose postal address for service is at agent for of .

I. No.(As amended by SI. No 105 of 1986 and S. 174 of 1990) .

within six calendar months from the date of the last renewal. 1 therein. and take notice that in default of your so doing the plaintiff may proceed Sch. Advocate for the said plaintiff who resides at † ENDORSEMENT TO BE MADE WITHIN THREE DAYS AFTER SERVICE This writ was served by me at on the defendant of Endorsed the (Signed) . so as to reach him within the time stated above. inclusive of the day of such service. or. and judgment may be given in your absence. Witness The Honourable Chief Justice of Zambia Dated the day of in the year of Our Lord One Thousand Nine Hundred and. and not afterwards. MEMORANDUM TO BE SUBSCRIBED ON THE WRIT Notes: (1) This writ is to be served within twelve calendar months from the date thereof. The forms. 3 REPUBLIC OF ZAMBIA WRIT OF SUMMONS (For issue from a District Registry) (General Title) To of You are commanded in the President's name that within days after the service of this writ on you. ENDORSEMENTS TO BE MADE ON THE WRIT BEFORE ISSUE THEREOF The plaintiff's claim is for This writ was issued by whose address for service and whose postal address agent for of* is at for service is at of . if renewed.C. Civ. 19 . if he desire. including the day of such date. (2) (3) The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by Advocate at the above-mentioned District Registry of the High Court for Zambia. enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. should then be sent in triplicate by registered letter addressed to the District Registrar. you do cause an appearance to be entered for you in an action at the suit of . A defendant appearing personally may. day of 19 . on the day .H. when completed.

if any. . † Mention the city or town and also the name of the street and number of the house of the plaintiff's residence.(Address) * Here insert both actual and postal addresses.

. Advocate for the agent for said plaintiff who resides at † ENDORSEMENT TO BE MADE WITHIN THREE DAYS AFTER SERVICE This writ was served by me at . The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by Advocate at the Principal Registry. Box 50067. within six calendar months from the date of the last renewal.......... enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office.. and not afterwards.. P.H.. Civ.. or..... you do cause an appearance to be entered for you in an action at the suit of .. 1 REPUBLIC OF ZAMBIA SPECIALLY ENDORSED WRIT (For issue from the Principal Registry) (General Title) To of You are commanded in the President's name that within days after the service of this writ on you.... and also... if he desire. further proceedings will be stayed. SPECIAL ENDORSEMENT Statement of Claim The plaintiff's claim is PARTICULARS (Signed) ..... so as to reach him within the time stated above. 4 Sch.. the further sum of K (or such sum as may be allowed on taxation).. of* This writ was issued by whose address for service is at and whose postal address for service is at of ...... The forms.. inclusive of the day of such service. And the sum of K and for each kilometre (if any) (or such sum as may be allowed on taxation) for costs... A defendant appearing personally may.C. should be sent in triplicate by registered letter addressed to The Registrar.... High Court for Zambia. Provided that if it appears from the endorsement of the writ that the plaintiff is resident outside the Republic or is acting by order or on behalf of a person so resident.......... and take notice that in default of your so doing the plaintiff may proceed therein.. and judgment may be given in your absence.. when completed..... Lusaka.... Lusaka. proceedings will only be stayed if the amount claimed is paid into Court within the said time and notice of such payment is given to the plaintiff. if renewed. in case the plaintiff obtains an order for substituted service... Witness The Honourable Chief Justice of Zambia Dated the day of of Our Lord One Thousand Nine Hundred and in the year MEMORANDUM TO BE SUBSCRIBED ON THE WRIT Notes: (1) (2) (3) This writ is to be served within twelve calendar months from the date thereof..... his Advocate or agent.. If the amount claimed be paid to the plaintiff or his Advocate or agent within the time allowed above for entering an appearance to this writ. including the day of such date..O......

I. No.I No. 19 . 105 of 1986 and S. if any. † Mention the city or town and also the name of the street and number of the house of the plaintiff's residence. (As amended by S. 71 of 1997) .on the defendant of Endorsed the day of . 19 on the day (Signed) (Address) * Here insert both actual and postal addresses.

.. within six calendar months from the date of the last renewal......H. if renewed. you do cause an appearance to be entered for you in an action at the suit of ... including the day of such date. This writ was issued by whose address for service and whose postal address agent for the for of* is at for service is a of ... enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office....O... further proceedings will be stayed.... The defendant (or defendants) may appear hereto by entering an appearance (or appearances) either personally or by Advocate at the above-mentioned District Registry of the High Court for Zambia. and take notice that in default of your so doing the plaintiff may proceed therein. his Advocate or agent. Advocate said plaintiff who resides at† ENDORSEMENT TO BE MADE WITHIN THREE DAYS AFTER SERVICE ... SPECIAL ENDORSEMENT Statement of Claim The plaintiff's claim is PARTICULARS (Signed) ....... Civ. and also......... the further sum of K (or such sum as may be allowed on taxation).. Provided that if it appears from the endorsement of the writ that the plaintiff is resident outside the Republic or is acting by order or on behalf of a person so resident.. Witness The Honourable Chief Justice of Zambia Dated the of Our Lord One Thousand Nine Hundred and day of in the year Sch. The forms. and not afterwards.. should then be sent in triplicate by registered letter addressed to the District Registrar. Lusaka. if he desire..... Box so as to reach him within the time stated above... And the sum of K and for each kilometre (if any) (or such sum as may be allowed on taxation) for costs... 5 REPUBLIC OF ZAMBIA SPECIALLY ENDORSED WRIT (For issue from a District Registry) (General Title) To of You are commanded in the President's name that within days after the service of this writ on you. If the amount claimed be paid to the plaintiff or his Advocate or agent within the time allowed above for entering an appearance to this writ..... or.C. A defendant appearing personally may.. P....... in case the plaintiff obtains an order for substituted service..... inclusive of the day of such service.. and judgment may be given in your absence..... proceedings will only be stayed if the amount claimed is paid into Court within the said time and notice of such payment is given to the plaintiff. 1 MEMORANDUM TO BE SUBSCRIBED ON THE WRIT NOTES: (1) (2) (3) This writ is to be served within twelve calendar months from the date thereof....... when completed..

. 19 day of on the day 19 . † Mention the city or town and also the name of the street and number of the house of the plaintiff's residence.This writ was served by me at on the defendant of Endorsed the (Signed) (Address) . if any. * Here insert both actual and postal addresses.

I. † State the questions. for the The defendant may appear hereto by entering appearance either personally or by Advocate at the Principal Registry. Civ. * State the nature of the claim. Lusaka. ‡ Here insert both actual and postal addresses. enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. Lusaka.C. NOTES: (1) (2) If the defendant does not enter appearance within the time and at the place above mentioned such order will be made and proceedings may be taken as the Judge may think just and expedient. Box 50067. (As amended by S. should be sent in triplicate by registered letter addressed to The Registrar. The forms. cause an appearance to be entered for him to this summons. 6 Sch. so as to reach him within the time stated above. Advocate day of 19 . inclusive of the day of such service. 105 of 1986) .O. 1 REPUBLIC OF ZAMBIA ORIGINATING SUMMONS (For issue from the Principal Registry) (General Title) Let of within days after service of this summons on him.H. if he desire. P. when completed. and whose . A person appearing personally may. High Court for Zambia. No. which is issued on the application of for the determination of the following questions:† of who claims to be* Dated the This summons was taken out by of ‡ whose address for service is at postal address for service is at plaintiff who resides at .

P. 7 REPUBLIC OF ZAMBIA ORIGINATING SUMMONS (For issue from a District Registry) (General Title) Let of within days after service of this summons on him. . if he desire. inclusive of the day of such service.H. (2) A person appearing personally may. such order will be made and roceedings may be taken as the Judge may think just and expedient. NOTES: (1) If the defendant does not enter appearance within the time and at the place above mentioned. enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. should then be sent in triplicate by registered letter addressed to the District Registrar. which is issued on the application of who claims to be* for the determination of the following questions:† of Dated the This summons was taken out by of‡ whose address for service is at postal address for service is at plaintiff who resides at and whose . † State the questions. ‡ Here insert both actual and postal addresses. The forms. The defendant may appear hereto by entering appearance either personally or by Advocate at the above-mentioned District Registry of the High Court for Zambia.O. Civ.C. Advocate for the day of 19 . Box so as to reach him within the time stated above. cause an appearance to be entered for him to this summons. when completed. * State the nature of the claim.

.... (As amended by S. † State the object of the application....... such order will be made and proceedings taken as the Judge may think just and expedient. Lusaka.I.. NOTES: (1) If the respondent does not enter appearance within the time and at the place above mentioned. (2) A person appearing personally may.. 105 of 1986) . inclusive of the day of such service. 1 REPUBLIC OF ZAMBIA ORIGINATING SUMMONS NOT INTER PARTES (For issue from the Principal Registry) IN THE HIGH COURT FOR ZAMBIA 19. No. if he desire.. Box 50067 Lusaka".. P. when completed.O. day of 19 .. Civ. so as to reach him within the time stated above. HP.. The forms... 8 Sch. and whose . Advocate for the The respondent may appear hereto by entering appearance either personally or by Advocate at the Principal Registry. ‡ Here insert both actual and postal addresses.. enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office..C. should be sent in triplicate by registered letter addressed to "The Registrar.. High Court for Zambia. which is issued upon the application of of for an order that† Dated the This summons was taken out by of‡ whose address for service is at postal address for service is at above named. No... In the matter of In the matter of* LET of within days of the service of this summons on him. * Specify statute or as the case may be.H.. cause an appearance to be entered for him to this summons.

. This summons was taken out by of‡ whose address for service is at postal address for service is at.. Box . No.. such order will be made and proceedings taken as the Judge may think just and expedient.. when completed. inclusive of the day of such service.. above named. P.. 9 REPUBLIC OF ZAMBIA ORIGINATING SUMMONS NOT INTER PARTES (For issue from a District Registry) IN THE HIGH COURT FOR ZAMBIA AT THE DISTRICT REGISTRY 19.H. (2) A person appearing personally may. ..... ‡ Here insert both actual and postal addresses..O. Civ.. at and whose Advocate Sch. which is issued upon the application of of for an order that† Dated the day of 19 . should then be sent in triplicate by registered letter addressed to The District Registrar.. so as to reach him within the time stated above... enter his appearance by post and the appropriate forms may be obtained from any High Court Registry or from any Subordinate Court office. if he desire.... In the matter of In the matter of* LET of within days of the service of this summons on him. †State the object of the application.. NOTES: (1 If the respondent does not enter appearance within the time and at the place above mentioned.. * Specify statute or as the case may be. H.. 1 for the The respondent may appear hereto by entering appearance either personally or by Advocate at the above-mentioned District Registry of the High Court for Zambia.. cause an appearance to be entered for him to this summons.C..... The forms.

.

. or by your Advocate...C.. 10 Sch... 71 of 1997) DISTRICT ... ** Here insert both actual and postal addresses.. on the hearing of an application on the part of for‡ Dated the day of 19 . No. but if you do not attend either in person... NOTE: It will not be necessary for you to enter an appearance. † As the case may be. such order will be made and proceedings taken as the Judge may think just and expedient. ‡ State relief sought...I..... No.. Civ. on the day of 19 .. (As amended by S.. 1 REPUBLIC OF ZAMBIA ORIGINATING SUMMONS UNDER ORDER VI. This summons was taken out by of** whose address for service is at and whose postal address for service is at .. at the time and place above mentioned. Advocate for the above named...H.. RULES 2 AND 6 IN THE HIGH COURT FOR ZAMBIA (AT THE REGISTRY*) 19... at o'clock in the noon. In the matter of† LET of attend before in Chambers at the High Court.. *Delete if inapplicable. H.

... such order will be made and proceedings taken as the Court may think just and expedient.. NOTE: It will not be necessary for you to enter an appearance but if you do not attend either in person or by your Advocate.... Delete if inapplicable... H..... . No. † Specify statute.... or so soon thereafter as counsel can be heard....... Civ. who resides at To .. if any.H.C........... 11 REPUBLIC OF ZAMBIA ORIGINATING NOTICE OF MOTION IN THE HIGH COURT FOR ZAMBIA (AT THE REGISTRY*) 19.. This notice of motion is filed by the applicant who resides at (Or This notice of motion is filed by of whose address for service is ........... 1 TAKE NOTICE that the High Court for Zambia will be moved at on the day of 19 at o'clock in the noon.... by the above-named applicant for an order that and that the costs of this application be Dated at (Advocate for the Applicant) the day of 19 . In the matter of and In the matter of† BETWEEN Applicant and Respondent DISTRICT Sch. at the time and at the place above mentioned... Advocate for the applicant.....

. endorsed as follows:* Dated the day of (Signed) (Address) (Advocate for the Plaintiff) * Copy original writ and the endorsements.C.H. Civ. 19 . 1 REPUBLIC OF ZAMBIA PRAECIPE OF RENEWED WRIT OF SUMMONS (General Title) SEAL in pursuance of order dated the day of 19 a renewed writ of summons in this action. 12 Sch.

the clause should be left standing.C. Civ. 13 REPUBLIC OF ZAMBIA NOTICE OF SERVICE ON MANAGER OF PARTNERSHIP (General Title) TAKE NOTICE that the writ served herewith is served on you as the person having control or management of the partnership business of the above-named defendant firm of (and also as a partner in the said firm *).H. †Delete if inapplicable. . If he is served as manager only it should be struck out. Under-Sheriff/Bailiff † If the person served with the writ is served in the two capacities of manager and partner.

Civ. the proprietor of the above-named defendant firm of (iii) personally serve the above-named defendant firm of . (ii) personally serve. [2. the above-named defendant. which appeared to me to have been regularly issued out of the High Court for Zambia (at the District Registry (f)) .C. 14 Sch. (a) of do hereby certify and say as follows: 1. That I am (b) duly appointed for the District of within the jurisdiction of this Honourable Court.H.] or [2. at (d ) (e) (i) personally serve day of . personally serve . (f) That I did on the day of 19 . (c) (f) That I did on the 19. the person having at the time of such service the control or management of the said partnership business there (see paragraph 5 below). or (v) with a true copy of the writ of summons in this action which appeared to me to have been regularly issued out of the High Court for Zambia (at the District Registry (f)) against the above-named defendant (or defendants) at the suit of the above-named plaintiff (or plaintiffs) and which was dated the the suit of the above-named plaintiff (or plaintiffs) and which was dated the day of 19 . serve the above-named defendant with a true copy of the writ of summons in this action. a partner of (iv) being the principal place of business of the above-named defendant partnership within the jurisdiction of this Honourable Court. 1 REPUBLIC OF ZAMBIA CERTIFICATE OF SERVICE (General Title) I.

............. Under-Sheriff or Bailiff... e. That at the time of the said service the writ and the copy thereof were subscribed and endorsed in the manner and form prescribed by the Rules of the said Court...... (f) That I did at the time of the said service deliver to the person so served as aforesaid a notice in writing that the said writ of summons was served upon him as the person having control or management of the partnership business of the said defendant firm.... Place of service-full address should be given................... ............. ... ..against the above-named defendant at the suit of the above-named plaintiff (or plaintiffs) and which was dated the day of 19 ... day of NOTES: All erasures.. Use alternative para......... 4... Dated the 19 . 5.g..... Address of registered office.. interlineations or alterations should be initialed immediately opposite the erasure........ (a) (b) (c) (d) Full name and address of officer.. (e) Delete whichever inapplicable......... (f) (g) Delete if inapplicable..... interlineation or alteration. which is the registered office of the defendant company......... Title.....] 3... Under-Sheriff/Bailiff This certificate was filed by: . 2 for service on limited company... Advocate(s) for the ................ These are the examples most commonly met.. endorse on the said writ the day of the month and the week of the said service.. ..... That I did on the day of 19 .............. by leaving the same at (g) ...

15 REPUBLIC OF ZAMBIA AFFIDAVIT OF SERVICE (General Title) I. (c) (f). (a) of hereby make oath and say as follows: 1. CIV. which appeared to me to have been regularly issued out of the High Court for Zambia (at the District Registry (f)) against the above-named defendant at the suit of the above-named plaintiff (or plaintiffs) and which was dated the day of 19 . or (v) with a true copy of the writ of summons in this action which appeared to me to have been regularly issued out of the High Court for Zambia (at the District Registry (f)) against the above-named defendant (or defendants) at the suit of the above-named plaintiff (or plaintiffs) and which was dated the day of 19 . the proprietor of the abovenamed defendant firm of. the person having at the time of such service the control or management of the said partnership business there (see paragraph 5 below). (by leaving the same at (g) . 1 . (iii) personally serve. serve the above-named defendant with a true copy of the writ of summons in this action.C. personally serve . (ii) personally serve. (f) That I did on the day of 19 .H. at (d) (e) (i) personally serve defendant. That I am (b) [2. the above-named Sch.] [2. That I did on the 19 . a partner of the above-named defendant firm of .) or (by sending the same by post on the day of day of . (iv) being the principal place of business of the above-named defendant partnership within the jurisdiction of this Honourable Court.

[5.. } .. Place of service-full address should be given.... (a) (b) (c) (d) (e) (f) (g) Full name and address of deponent.. . 4... interlineations or alterations should be initialed by the Commissioner immediately opposite the erasure... Advocate and Barrister. Use alternative para. e.. Profession or occupation and nationality.... 2 for service on limited company.....g... These are the examples most commonly met.] 3. (f) That I did at the time of the said service deliver to the person so served as aforesaid a notice in writing that the said writ of summons was served upon him as the person having control or management of the partnership business of the said defendant firm.. Delete whichever inapplicable... That I did on the day of 19 ... Clerk in the employ of x... Address of registered office. Delete if inapplicable. BEFORE ME Commissioner for Oaths NOTES: All erasures.19 ...] SWORN by the said at on the day of 19 ...... in a prepaid letter or envelope addressed to the company at (f) (g)...... interlineation or alteration........ endorse on the said writ the day of the month and the week of the said service...y....) which is the registered office of the defendant company.. That at the time of the said service the writ and the copy thereof were subscribed and endorsed in the manner and form prescribed by the Rules of the said Court.

. No. .... Auctioneer . Civ. Commission ... . ... DETAILS OF REPORT OR RETURN: The following fees are due from and owing by you in respect thereof. . .. ‡ Set out reasons with particulars and dates.I.. person served and capacity.... ... Civ. . .. 12 Civil Cause No. .. 1 *SERVICE ONLY The Sheriff does not require a copy *Service of the Writ/Summons/ Judgment Summons/Notice/ : *EXECUTION ONLY A copy must be sent to the Sheriff K n *(a) was effected:† *(b) has failed:‡ *(c) has not yet been effected and a further attempt will be made:**** . ... K _____ To the Advocates for the Plaintiff: Messrs (Address) P.. REPUBLIC OF ZAMBIA DEBIT AND ADVICE NOTE (For use by the Sheriff and his Officers) In the Court In the matter between Plaintiff and Defendant Sch..c.. (Date) * Delete whichever inapplicable.. Total . † Insert date and place of service. .... (Signed) (Name) (Address) c.. Haulage.. .. .. ....C. 105 of 1986) . Box No... Total kilometres (if appropriate) . K _____ *Seizure/Arrest .H. Advertising .C. ... The Court named in the Heading. K n Service (only if effected) Total kilometres (if appropriate) _____ Total .. . 16 S... . kindly forward them immediately.. Labour .. (As amended by S. . ..O... .. . .

together with* less* } the sum of K costs.H. K Dated the day of 19 Assistant Registrar * Delete as required . being the amount of K due to* Sch. kwacha . 1 { the said† (i) or (ii) from of being in respect of *a resident outside the Republic. Civ. *a person acting by order or on behalf of a person resident outside the Republic. † Plaintiff or Defendant. .C. 593). day of 19 . (Signed) (Advocate __________ for † Dated the RECEIPT Received the above sum of ngwee into Court for the above credit. 17 REPUBLIC OF ZAMBIA NOTICE OF PAYMENT INTO COURT (General Title) TAKE NOTICE that the sum of K has been paid into Court pursuant to Rules of Court and the Exchange Control Regulations (Cap.

.) (Signed Advocate for Business address Postal address whose address for service is * whose postal address for service is * Agents for of * Delete if inapplicable.. * As my postal address is more than ten kilometres from the Registry concerned...) (Signed).... PART B (This Part is only for use where a defendant appears by Advocate..H.... My residential address is My postal address is Defendant in person * As my residential address is more than ten kilometres from the Registry concerned..... 1 .... I give the following as an address within ten kilometres thereof at which documents can be left for me.. DIRECTIONS FOR THE GUIDANCE OF DEFENDANTS IN PERSON WHO DESIRE TO ENTER APPEARANCE Section X below should be followed where a defendant intends to attend Sch... Dated at the PART A (This Part is only for use where a defendant desires to appear without a Advocate...... 18 REPUBLIC OF ZAMBIA MEMORANDUM OF APPEARANCE (General Title) Enter an appearance for (full names) in this action.. Civ..C... I give the following as a postal address within ten kilometes thereof to which documents may be posted to me: day of 19 ..

(O. the duplicate memorandum returned to you by the Registry Officer. 3 (1). 7. r. (The address at or to which to deliver or send the memorandum is on the writ. Personal Appearance by Post 1. Insert your full name in the blank space provided after the words "Enter an appearance for". r. Attend in person at the Registry or District Registry in which the action is proceeding and deliver both copies to the Registry Officer. 4. . XI. or the plaintiff if he is suing in person. Fill in the full title and number of the action by copying the heading from the writ served on you.) 2. Personal Appearance by a Defendant 1. Smith and Co. Smith and Co.) 8. The Memorandum of Appearance must be completed in duplicate.g. 1. e. Fill in the full title and number of the action by copying the heading from the writ served on you.. Section Y. Section X. 3. a limited company can only appear by Advocate.himself at the Registry. (O. r. XI. as an appearance in the name of a firm cannot be accepted. Delete Part B. 3. Complete the information required in and sign Part A. 2. as an appearance in the name of a firm cannot be accepted. appearance must be in the name of the partner or partners so appearing. On the same day as appearance is entered. Section Y below should be followed where a defendant wishes to appear by post. Further. XI. Observe that if a defendant is sued in the firm name. The appearance should be entered within the time stated for so doing on the writ and if not so entered the plaintiff will be entitled to proceed by default and judgment may be given without further notice to you. deliver or send by post to the plaintiff's Advocate. e. The Memorandum of Appearance must be completed in triplicate.) (O. Date the forms. Observe that if a defendant is sued in the firm name. Insert your full name in the blank space provided after the words "Enter an appearance for". a limited company can only appear by Advocate. 4. Further. appearance must be in the name of the partner or partners so appearing. Date the forms.) 2.g. 5. 6..

r. Send all three copies.5. when received. or to the plaintiff if he sues in person. If the forms are not so delivered. Complete the information required in and sign Part A. . then appearance cannot be entered and the action may proceed as in 7 above. If the forms. __________ If you do not employ a Advocate you are advised to refer to Order XI of the High Court Rules for all requirements relating to the entry of appearance. 6. XI. the plaintiff will be entitled to proceed by default and judgment may be given without further notice to you. without fee by prepaid registered post to the address stated in Note 3 on the front page of the writ (Note 2 in the case of an originating summons). 8.) 7. when completed. The forms must be posted so as to be delivered at the Registry or District Registry concerned before the time allowed for appearance (as shown on the first page of the writ) has expired. The time for appearance cannot be extended . one to the plaintiff's Advocates. are incorrect or incomplete. at the postal address shown on the document served on you and the other to yourself at your postal address for service. at the same time enclosing two stamped addressed envelopes. Delete Part B. 2. (O.

19 REPUBLIC OF ZAMBIA NOTICE LIMITING DEFENCE (General Title) TAKE NOTICE that the (above-named) defendant limits his defence to part only of the property mentioned in the writ of summons. Sch.C. 19 . Civ. to * Dated the day of (Signed) of Agent for of Advocate for the above-named defendant. To The plaintiff's Advocates. * Describe the part.H. 1 . namely.

No. 20 REPUBLIC OF ZAMBIA SEARCH (General Title) SEARCH FOR Dated the day of (Signed) (Address) Agent for Advocate for (As amended by S.C.H. 71 of 1997) 19 . Civ. .I.

C. Civ. This Summons was taken out by of Advocate(s) for the To of and to his Advocate(s). . 21 REPUBLIC OF ZAMBIA SUMMONS (GENERAL FORM) (General Title) Let all parties concerned attend before in Chambers. on the day of 19 o'clock in the noon on the hearing of an application on the part of at Dated at this day of 19 .H.

Civ.C. on the day of 19 at o'clock in the noon on the hearing of an application on the part of the plaintiff that he be at liberty to sign final judgment against for and costs.H. . Dated the day of To 19 . 22 REPUBLIC OF ZAMBIA SUMMONS UNDER ORDER XIII (General Title) UPON READING the affidavit of let all parties concerned attend the Deputy/District/Registrar in Chambers.

Dated at the by his (their) Advocate(s). day of This summons was taken out at Advocate for the plaintiff. on the day of 19 at o'clock in the noon on the hearing of an application on the part of to show cause why an order for directions should not be made in this action as follows: Pleadings Discovery Inspection Setting down for trial Place of trial Mode of trial Liberty to either party to apply That the costs of this application be costs in the cause. 23 REPUBLIC OF ZAMBIA SUMMONS FOR DIRECTIONS (General Title) Let all parties concerned attend the Assistant/Deputy/District/Registrar in Chambers. Civ. To the defendant(s) and to Sch.C. 1 .H.

Civ.C. 24 REPUBLIC OF ZAMBIA PRAECIPE OF SUBPOENA (General Title) Seal a writ of subpoena directed to Dated the (Signed) (Address) Advocate for day of on behalf of the . . returnable 19 .H.

C. Civ. to give evidence on behalf of the plaintiff (or defendant). 25 REPUBLIC OF ZAMBIA SUMMONS TO A WITNESS (Subpoena ad Testificandum) (General Title) To You are commanded in the President's name to attend before the High Court for Zambia at on the day of 19 at the hour of in the noon and so from day to day until the above cause is tried. WITNESS The Honourable Chief Justice of Zambia Dated the in the year of Our Lord One Thousand Nine Hundred and day of Notice (strike out if inapplicable): Notice will be given to you of the day on which your attendance will be required.H. .

to give evidence on behalf of the plaintiff (or defendant) and also to bring with you and produce at the time and place aforesaid WITNESS The Honourable Dated the in the year of Our Lord One Thousand Nine Hundred and Chief Justice of Zambia day of Sch. 26 REPUBLIC OF ZAMBIA SUBPOENA DUCES TECUM (General Title) To You are commanded in the President's name to attend before the High Court for Zambia at on the day of 19 at the hour of in the noon and so from day to day until the above cause is tried. 1 .C. Civ.H.

27 REPUBLIC OF ZAMBIA WARRANT FOR PRISONER TO GIVE EVIDENCE (General Title) To the Officer in Charge of the Prison at You are commanded to have . Civ. Issued at of Chief Justice/Judge the 19 day .C.H.a prisoner under your custody. to give evidence in the above-named cause. before the High Court for Zambia at on the day of next at o'clock in the noon. and immediately after he has there and then given his evidence to return.

.. .......................................... Judge Court No......... Dated the ..................... H... Deputy Assista nt Registr ar To: Advocates for Plaintiff/Petitioner/Applicant Advocates for Defendant/Respondent Advocates for .................................. BETWEEN Plaintiff/Petitioner/Applicant and Defendant/Respondent and /Co-Respondent and ................. day of .................... 19 ....... c..............I......... No..........H.. 71of 1997) .... 28 REPUBLIC OF ZAMBIA IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19. to: Notice Board Assistant Registrar File NOTE: This form should be used whenever a date is fixed other than by a Summons or by Mention or by adjournment the date of which is mentioned in open court. 19..................... o'clock in the ....../Co-Respondent Advocates for ...... day of ......... No................................. (As amended by S.. NOTICE OF HEARING TAKE NOTICE that the above cause will be heard and determined by the High Court for Zambia at on ..c........... the .... at the hour of . *Delete if inapplicable.....C... Civ.. noon......

.

.............. IN THE HIGH COURT FOR ZAMBIA Holden at......... Please assign a mediator to mediate and ensure that the mediator collects the record from your office immediately....XXX1 r4 (Order XXX1 Rule 4) FORM 28A Sch......... Trial Judge (As amended by S...........0.......... 1 Cause No................... day ... BETWEEN: / / PLAINTIFF(S) DEFENDANT(S) To: THE MEDIATION OFFICER Having satisfied myself that this action is ready for trial I hereby refer it for mediation.... No.......................... Failure to do so will amount to contempt of Court.... Dated the of ...........I... 71of 1997) ...................REFERRAL ORDER .

........... If a settlement is reached. IN THE HIGH COURT FOR ZAMBIA Holden at......................... Please sign below to acknowledge that you have read and/or understand this statement.......... binding upon all parties to the agreement............................................................... BETWEEN: PLAINTIFF(S) DEFENDANT(S) / / My name is......................... I have been assigned to mediate your case......................STATEMENT OF UNDERSTANDING: THE ROLE OF THE MEDIATOR 0..... Date ............................... This mediation is strictly confidential........... No party shall be bound by anything said or done in mediation unle settlement is reached.... ....................................... Defendant(s) .... 71of 1997) .................... I.............................. when signed....... Defendant's Advocate ......................................................... Each party agrees not to request that.... Plaintiff's Advocate ............................................................. nor ask me or the other party to testify regarding statements made in mediation........ the agreement shall be reduced to writing and.. the mediator testify against party.............. No..............XXX1 r 9 FORM 28B Cause No........................... I wil an advocate for any party...................... Mediator (As amended by S....... Plaintiff(s) ..I........... I will serve as a neutral party to help you resolve you dispute............

................ 71of1997) day ............... .....MEDIATOR'S REPORT .0................................................... IN THE HIGH COURT FOR ZAMBIA Holden at.............. No....... Mediator's Signature (As amended by S.... In terms of the above rule you are required within 7 days of your receiving this report to remit the record herewith to the trial judge...... Dated the of ........................ 1 PLAINTIFF(S) DEFENDANT(S) TO: THE MEDIATION OFFICER I...........................................I..............................XXX1 r 11 FORM 28C Cause No..... BETWEEN: / / Sch..............having been designated as mediator in this action and having conducted mediation between the parties do hereby report that the parties have failed to reach a settlement..................................

. Plaintiff(s) . Defendant(s) ............ the undersigned parties to this action have agreed to settle our disputes/differences as follows: Dated the day of ...................MEDIATION SETTLEMENT .................................................. IN THE HIGH COURT FOR ZAMBIA Holden at.............................................................................................................................................XXX1 r 12 FORM 28D Cause No.......... BETWEEN: PLAINTIFF(S) DEFENDANT(S) We......0.................................................. 71of1997) ............. / / ......................................... Mediator (As amended by S.............I.... Defendant's Advocate ........................................... Plaintiff's Advocate .................. No................... Mediator's Full Name .....

Dated the day of 19 ... Chief Justice/Ju dge Sch. time and particulars of execution endorsed thereon........ and to hold the same until the further order of the Court...... .... attach and take into your hands the movable and immovable property of the defendant (or certain property specified to the value of K ).C.. Civ.. 29 REPUBLIC OF ZAMBIA WARRANT TO ATTACH PROPERTY BEFORE JUDGMENT (General Title) To The Sheriff of Zambia and his Bailiffs.... WHEREAS it has been shown to the satisfaction of this Court that of .. and you are also commanded forthwith after the execution of this writ to return the same into the Court..... with the place.....H.. with intent to obstruct or delay the execution of any decree which may be passed against him therein..... 1 ...... is about to dispose of or remove out of the jurisdiction of the Court his goods and chattels: You are hereby commanded to seize... the defendant in the above suit....

C. Civ. 30 REPUBLIC OF ZAMBIA JUDGMENT (Default of Appearance) (General Title) Dated at of 19 .H. the day The defendant not having appeared to the writ of summons herein. it is this day adjudged that the plaintiff recover against the said defendant K and K costs (or costs to be taxed). .

Civ. . 31 REPUBLIC OF ZAMBIA JUDGMENT (Default of Defence) (General Title) Dated at the day of 19 . it is this day adjudged that the plaintiff recover against the said defendant K and K costs (or costs to be taxed). The defendant not having delivered any defence.H.C.

.. H.. † Insert name of Judge or Registrar. † Judge (or Registrar) in Chambers. BETWEEN Plaintiff and Defendant UPON HEARING and UPON READING the affidavit(s) of filed herein......H... IT IS ORDERED and that the costs of this application be Dated the day of This Order was taken up by of ..C.. 19 ... No. Civ. Advocates for the .. .... 32 REPUBLIC OF ZAMBIA ORDER (GENERAL FORM) IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19...... To: *Delete if inapplicable.

K Judge/Deputy/District/Registrar 19 . . Sch. Dated the day of Debt ..C. . 33 REPUBLIC OF ZAMBIA FORMAL DECREE (General Title) It is decreed in the above suit that the above-named plaintiff do recover from the above-named defendant the sum of K together with K for costs. and the said defendant is hereby ordered to pay the sum of K forthwith (or by the following instalments).H. Civ. . 1 .. . K Costs .

......................................... H......... for transmission to the said ................. of aged . ... Civ....... to ...................... and that earnings fall to be paid by.................. years and who works at as a (hereinafter called "the defendant") is required under a maintenance order made on the ......................... AND WHEREAS on the application of the said it appears that at the time the application was made there was due under the maintenance order and unpaid an amount equal to not less than four of the weekly payments required by the order (or if the maintenance order is not for weekly payments...... a week..... ... IT IS HEREBY ORDERED that the said do make payments out of those earnings in accordance with the Affiliation and Maintenance of Children Act to the‡...... In the matter of AFFILIATION AND MAINTENANCE OF CHILDREN (Cap...C.. No.....† Dated at To of And to of this ......................................... day of 19...................... AND IT IS FURTHER ORDERED that for the purposes of calculating the said payments the normal deduction rate shall be a week† and that the protected earnings rate shall be .............H............ Registrar of the High Court at‡ .............. ................ by the High Court for Zambia† to make payment of.... the defendant................. 34 REPUBLIC OF ZAMBIA ATTACHMENT OF EARNINGS ORDER IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19... a week to . not less than two of the payments required by the order)................................................... day of ....... 55) BETWEEN** and WHEREAS . 19 ...............

....... ........... ‡ Insert "District" where applicable and full postal address... ** Full title.. † Or as the case may be......................NOTE: This Order does not come into force until one week after service on the said ................. * Delete if inapplicable......

......... day of ......... AND WHEREAS it appears that(a) the aggregate of the payments made for the purposes of the maintenance order exceeds the aggregate of the payments required by that order............................... 19 .............. ................................ No.. and (c) no proceedings for the variation or discharge of the attachment of earnings order are pending: TAKE NOTICE that unless the said applies to the High Court for Zambia................. to m in or towards satisfaction of the payments due to ................. Civ...................... Dated at this .. 35 REPUBLIC OF ZAMBIA NOTICE OF INTENTION TO VARY ATTACHMENT OF EARNINGS ORDER IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19........................... the Court will make an order varying the attachment of earnings order by reducing the normal deduction rate to the rate of payments required by the maintenance order or to such lower rate as the Court thinks fit having regard to the amount of the excess mentioned in paragraph (a) of this notice..† ...H............... u order made by the High Court for Zambia....... ...... for an order discharging the attachment of earnings order or varying it in some other manner......... day of .... on the . In the matter of AFFILIATION AND MAINTENANCE OF CHILDREN (Cap.. 19. ....................... (Signed)‡ Sch........ day of ............ H... .....................C.... 64) BETWEEN** and WHEREAS by an attachment of earnings order dated the ... out of the earnings falling to be paid by him to ... 1 .......................................... 19....... within fourteen days after the date of this notice.................. and (b) the normal deduction rate specified by the attachment of earnings order exceeds the rate of payments required by the maintenance order.

† Or as the case may be. ** Full title.(Designation) To of And to of * Delete if inapplicable. ‡ To be signed by the officer of the High Court to whom payments under the attachment of earnings order are to be made. .

............. was I the defendant's employer within the meaning of that Act................................ †Title as in attachment of earnings order....... I was directed to make payment to the‡ Registrar of the High Court at‡ out of earnings falling to be paid by me to the defendant ......... ‡ Please insert "District" where applicable and full postal address.. No........ 36 REPUBLIC OF ZAMBIA NOTICE OF NON-EMPLOYMENT OF DEFENDANT IN THE HIGH COURT FOR ZAMBIA (AT THE DISTRICT REGISTRY*) 19. 1 ....... : I hereby give notice under section 12 (4) of theAffiliation and Maintenance of Children Act that on no occasion during the period of four weeks immediately preceding the§ ................... In the matter of AFFILIATION AND MAINTENANCE OF CHILDREN (Cap.. * Delete if inapplicable............. || To be signed by the person to whom the attachment of earnings order was directed............ Civ.......... 19..day of... H........C.............. Sch.H.. || (Signed) To: The Registrar of the High Court (or the District Registrar of the High Court) at ....... § Please insert date of service of attachment of earnings order or such later date as may be appropriate. day of .............. 64) BETWEEN † and NOTICE WHEREAS by an attachment of earnings order made by the above-named court on the ........

H. and further to perform and abide such order as the Court shall make in this behalf. Civ. You are required to attach of . Dated at the Chief Justice/Judge day of 19 . And bring this writ with you. 37 REPUBLIC OF ZAMBIA WARRANT OF ATTACHMENT (General Title) To The Sheriff of Zambia and his Bailiffs. as also such other matters as shall be there laid to his charge. . so as to have him before this Court at . there to answer. as well touching a contempt which he is alleged to have committed.C.

C. WHEREAS by an order bearing date the day of 19 .H. Civ. Dated at day of 19 Chief Justice/Judge the . 38 REPUBLIC OF ZAMBIA WARRANT OF ARREST AND COMMITMENT (General Title) To the Sheriff of Zambia and his Bailiffs. . there to be imprisoned and kept to labour for months/days from the date of the arrest under this warrant. and him safely deliver to the officer in charge of the prison at . it was ordered that of should stand committed to prison (and be kept to labour) for months/days for contempt of this Court: YOU ARE THEREFORE COMMANDED in the President's name forthwith to arrest the said of .

...................................................... Deputy A * Delete as appropriate...... from....... to ................................................... to Second day.................................. to from.................. to Fifth day............ from................................ from ............. to from.............................. to Third day................ to *The Judge directed that judgment should be entered for the ................................ Original to successful party............ Dated at this ............................... and occupied the time of the Court as follows: from........................ from.................................. 39 REPUBLIC OF ZAMBIA CERTIFICATE AFTER TRIAL (General Title) I certify that the above cause was tried before the Honourable in Court at on the ................ 1 or *A certified copy of the written judgment of is annexed hereto........ to Fourth day......... 19 .......................................... day(s) of ........................................................................................................ and occupied the time of the Court as follows: First day............... Civ.... .................................... .....C................................ ................. to from............ 19........ to Sixth day................. 19..............................H..... ........ ...... from .. to The judgment was delivered on the day of .... from ........ to from........ from ......................... day of . as follows: Sch............... Copies to other parties and the Assistant Registrar..............

40 REPUBLIC OF ZAMBIA PRAECIPE OF FIERI FACIAS (General Title) Seal a writ of fieri facias directed to the Sheriff of Zambia and his Bailiffs against of upon a judgment (or order) dated the day of 19 .H.I. Endorsed to levy K and interest thereon at K per annum from theday of 19 .C. No. for the sum of K and K costs and interest. Advocate for (As amended by No. and K costs of execution. Civ. 305 of 1968 and by S. 105 of 1986) .

(As amended by S. 1 * Day of decree or order. 174 of 1990) ENDORSEMENT Levy K and K on K at K for costs of execution. adjudged (or ordered) to be paid by the said to the said together with certain costs in the said judgment (or order) mentioned and which costs have been taxed and allowed by the Taxing Master of the said Court at the sum of K as appears by the certificate of the said Taxing Master dated the day of 19 AND THAT of the goods and chattels of the said you further cause to be made the said sum of K (costs) together with interest thereon at the rate of K per centum per annum from the* day of 19 . No. or day on which money is directed to be paid.I. which said sum of money and interest were lately before the High Court for Zambia in a certain action wherein is plaintiff and defendant by a judgment (or order) of the said Court bearing date the day of 19 .I. And in what manner you shall have executed this writ make appear to the said Court immediately after the execution thereof.. etc. Civ. 105 of 1986 and S. and that you have that money before the said Court immediately after the execution hereof to be paid to the said in pursuance of the said judgment (or order).H.C. WITNESS The Honourable Chief Justice of Zambia Dated the in the year of Our Lord One Thousand Nine Hundred and day of Sch. And have there then this writ. No. and also interest per centum per annum from the day of . 41 REPUBLIC OF ZAMBIA WRIT OF FIERI FACIAS (General Title) To the Sheriff of Zambia and his Bailiffs You are hereby commanded in the President's name that of the goods and chattels of you cause to be made the sum of K and also interest thereon at the rate of K per annum from the * day of 19 . or day from which interest is directed by the order to run. as the case may be.

. Advocate .19 until payment. officer's costs of levying and all other legal incidental expenses. This writ was issued by of for who resides at The and resides at in the District of (As amended by No. 305 of 1968) is a . besides Sheriff's commission.

........ * Delete whichever inapplicable....... Dated this Judgment Debtor day of 19 .......... ...... 1 ............... (c) to notify you immediately at your office of the visit of any such Sheriff's Officer or other person for the purpose of levying as aforesaid.........* 19.................................... to re-enter my premises at any time and as often as you may consider necessary for the purpose of inspecting the said goods or completing the execution of the writ/warrant*.......... And I authorise you......... (b) to inform any Sheriff's Officer or other person who may enter my premises for the purpose of levying any other execution or distress that you are already in possession of my goods under the above writ/warrant*. BETWEEN Plaintiff and Defendant To the Under-Sheriff and Bailiffs... pending the withdrawal or satisfaction of the writ/warrant*(a) not to remove the said goods or any portion thereof nor to permit their removal by any person unauthorised by you in that behalf... I hereby request that you will not leave a Possession Man on my premises in close possession of the goods listed overleaf which you have seized under the above writ/warrant* of execution............... I undertake.. AT THE . ...........C...District Registry........ Civ....................... .. If this convenience is allowed to me.........-... { NOTE: A copy of this form must be left with the debtor.....S.... or any of you........... pending the withdrawal or satisfaction of the above writ/warrant*........... (H...C... 42 S................... 28 REPUBLIC OF ZAMBIA REQUEST AND AUTHORITY TO UNDER-SHERIFF (Walking Possession) IN THE HIGH COURT FOR ZAMBIA..............H....... Civ.......... Sch.-......* IN THE SUBORDINATE COURT (CLASS ) ....................

.................. Advocates for whose address for service is at ...... for costs with interest thereon at the rate of K...H.... per centum per annum..........................19.C................................ together with interest thereon on the day of ...... Civ.. 19..... 43 REPUBLIC OF ZAMBIA PRAECIPE OF ELEGIT (OR RE-ELEGIT) (General Title) Seal a Writ of Elegit (or Re-Elegit) directed to the Sheriff of Zambia against the above-named defendant of for not paying to the above-named plaintiff the sum of K..... (Taxing Master's certificate dated the 19 ...) day of ... and the sum of K. JUDGMENT (or Order) dated the day of.....

.. rents and hereditaments respectively.....day of ....... tenements....................wherein is plaintiff and defendant by a judgment (or order) of the said Court made in the said action and bearing date the. AND afterwards the said ..........................as appears by the certificate of the said Taxing Master dated the day of.................. Civ. and K.. or at any time afterwards had any disposing power which he might without the assent of any Sch................... rents and hereditaments in your bailiwick as the said or any person or persons in trust for him was or were seised or possessed of on the said day of ............. it was adjudged (or ordered) that should pay unto the sum of K ..............19............. 1 ................H.................. day of 19..... 44 REPUBLIC OF ZAMBIA WRIT OF ELEGIT (General Title) To the Sheriff of Zambia.................... .............. together also with certain costs as in the said judgment (or order) mentioned and which costs have been taxed and allowed by the Taxing Master of the said Court at the sum of K.. per centum per annum from the said day of .........on the said .. together with interest upon the said sums at the rate of K.....C.together with interest thereon after the rate of K. day of ..... 19.. WHEREAS lately in the High Court for Zambia in a certain action or matter there depending intituled...... 19............. Therefore you are commanded that without delay you cause to be delivered to the said by a reasonable price and extent all such lands................... or at any time afterwards or over which the said on the .. 19 .. or anyone in trust for him was seised or possessed of on the .. came into the said Court and according to the statute in such case made and provided chose to be delivered to him all such lands. rents and hereditaments in your bailwick as the said .....19.......19................per centum per annum from the day of ..... tenements.. or at any time afterwards or over which the said....... day of in the year of Our Lord ..... or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit to hold the said lands........ and tenements... according to the nature and tenure thereof to him and to his assigns until the said two several sums of K. shall have been levied or sooner paid..

. o'clock in the ........ 1893.... .................................. in the year of Our Lord One Thousand Nine Hundred and ...other person exercise for his own benefit to hold the said lands.................. The above writ was delivered to me at ......... Registrar Receipt under Section 26. And in what manner you shall have executed this Writ make appear to the High Court aforesaid immediately after the execution thereof under your seal..... ............. Sale of Goods Act. tenements........ Sheriff NOTE: Also under section 7 (2) of the Sheriffs Act (Cap................. according to the nature and tenure thereof to him and to his assigns until the said two several sums of K...... 37)............. rents and here-ditaments respectively..... WITNESS The Honourable Chief Justice of Zambia Dated the day of .. And have there then this Writ........... and K.. a Sheriff at the request of a person delivering a writ to him for execution shall give a receipt for that writ stating the day of its delivery..................................... together with interest as aforesaid shall have been levied or sooner paid.... 19 ............. noon on the .. day of..

.... 1 ........19 . within mentioned or any part thereof as I am within commanded....... 45 REPUBLIC OF ZAMBIA FORMS OF RETURN (General Title) (1) RETURN TO ELEGIT THAT DEFENDANT HAS NO LANDS..................... .. in the year of Our Lord One Thousand Nine Hundred and was (or is) seised in the following lands within my bailiwick viz: which said lands I the said ... ETC The answer of Sheriff to Wit.......H........C.. and interest K.... on the......... to hold according to the nature and tenure thereof to him and his assigns according to the form of the statutes in such case made and provided until the said several sums of K..... ETC................ and K.............. The within named defendant hath not nor hath any person in trust for him any lands.......... rents or hereditaments within my bailiwick whereof I can cause to be levied K......... Registrar Sch. The answer of Sheriff (Seal) (2) RETURN WHERE THE DEFENDANT HAS LANDS... That the within named defendant on the day of .... tenements....day of... Sheriff (Seal) Filed as of record together with the Sheriff's Inquisition the day of .. Civ.......... in the said writ mentioned together with interest upon the same as therein also mentioned shall have been levied.......

.. 19 . taxed and allowed as aforesaid with interest thereon at the rate of K .... 19.............. made return to the said Writ of Fieri Facias that (here recite return).............. should be thereof levied all lands..... ... Civ..... 46 REPUBLIC OF ZAMBIA ELEGIT FOR THE RESIDUE AFTER A FIERI FACIAS (General Title) To the Sheriff of Zambia Whereas lately in the High Court for Zambia in a certain action (or matter) there depending intituled..... together also with certain costs as in the said judgment (or order) mentioned and which costs have been taxed and allowed by the Taxing Master of the said Court at the sum of K .... 19............. and interest aforesaid... rents and hereditaments in your bailiwick as the said or anyone in trust for him was seised or possessed of on the day of 19 ......... 19................................ per centum per annum from the day of .. AND afterwards the said came into the said Court and according to the statute in such case made and provided chose to be delivered to him until the sum of K .. or at any time afterwards or over which the said on the ......... and also interest thereon at the rate of K ........ wherein ........................ together with interest thereon after the rate of K .. 19............... is plaintiff and defendant by a judgment (or order) of the said Court made in the said action (or matter) and bearing date the day of ............ tenements................. as appears by the certificate of the said Taxing Master dated the day of ..C........ .. together with the said costs in the said judgment (or order) mentioned... 19........ AND whereupon by a Writ you were lately commanded that of the goods and chattels of the said in your bailiwick you should cause to be made the sum of K . per centum per annum from the day of .......... and that you should have that money and interest before the said Court immediately after the execution thereof to be paid to the said in pursuance of the said judgment (or order) and that in what manner you should have executed that Writ you should make appear to the said Court immediately after the execution thereof having there then that Writ of Fieri Facias and you on the day of . .. 19. per centum per annum from the day of ..... had .... it was adjudged (or ordered) that should pay unto the sum of K ...........H....... ....... day of ........ residue of the said K ......... ...

................. according to the nature and tenure thereof to him and to his assigns until the said sum of K. And in what manner you shall have executed this Writ make appear to the said Court under your seal immediately after the execution thereof.............. The above writ was delivered to me at o'clock in the .........) together with interest as aforesaid shall have been levied or sooner paid.................. day of ... 37).. . rents and hereditaments respectively. Sale of Goods Act... ............ WITNESS The Honourable Chief Justice of Zambia Dated the day of .... in the year of Our Lord One Thousand Nine Hundred and .. tenements.. (or the several sums of K........ And have there then this Writ.. ........ a Sheriff at the request of a person delivering a writ to him for execution shall give a receipt for that writ stating the day of its delivery........any disposing power which he might without the assent of any other person exercise for his own benefit to hold the said lands...... and K.... Registrar Receipt under Section 26.... noon on the .. Sheriff NOTE: Also under section 7 (2) of the Sheriffs Act (Cap.......................... 1893. 19....

. it was adjudged (or ordered) that should pay unto the sum of K ..... day of ... ..................... 47 REPUBLIC OF ZAMBIA WRIT OF RE-ELEGIT (General Title) To the Sheriff of Zambia Whereas lately in the High Court for Zambia in a certain action (or matter) there depending intituled ...... rents and hereditaments in your bailiwick as the said or anyone in trust for him was or were seised or possessed of on the day of in the year of Our Lord ............ day of ............. AND you on the . tenements....... .....H...... day of ........ tenements.. 1 9.. . or at any time afterwards had any disposing power which he might without the assent of any other person exercise for his own benefit to hold to him the said lands.... last past whereby it was found (here recite finding) .... per centum per annum from the day of . together with interest thereon after the rate of K .............. did make return to the said High Court for Zambia a certain inquisition indented taken before you by on the ..... 19 ...... AND afterwards the said came into the said Court and according to the statute in such case made and provided chose to be delivered to him all such lands............. rents and hereditaments respectively according to the nature and tenure thereof until the several sums specified together with interest as aforesaid should have been levied......................... together also with certain costs as in the said judgment (or order) mentioned and which costs have been taxed and allowed by the Taxing Master of the said Court at the sum of K ............... 19.... AND in pursuance of the Writ of Elegit dated the day of . 19..... ...... wherein................... or at any time afterwards or over which the said on the said ........... is plaintiff and defendant by a judgment (or order) of the said Court made in the said action (or matter) and bearing date the day of ..................................19 .. you were commanded without delay to cause the same to be delivered accordingly until the said several sums together with interest as aforesaid should have been levied or sooner paid..... 19.......... Civ..............C......... ................... . as appears by the certificate of the said Taxing Master dated the ....... .........

.......... tenements... and K ....... day of .. rents and hereditaments in your bailiwick besides those which are mentioned in the return above set forth.. which said other lands. and K .. for the payment of the said several sums of K ..... 19 ...... in the year of Our Lord One Thousand Nine Hundred and ...... rents and hereditaments of the said in your bailiwick.. rents and hereditaments...... the said ought also to have in execution for the more speedy recovery of the said K .............. Sheriff NOTE: Also under section 7 (2) of the Sheriffs Act (Cap. according to due course of law: THEREFORE you are commanded that you cause to be delivered to the said in the presence of the said to be warned on that occasion if he will attend..........AND because the said Court is now given to understand that the said at the time of giving the judgment aforesaid and (or) afterwards had and still hath divers other lands... 37).. interest aforesaid............ THEREFORE the said hath humbly besought the said Court that he may so have them.. a Sheriff at the request of a person delivering a writ to him for execution shall give a receipt for that writ stating the day of its delivery. as well as those before extended in execution. and interest aforesaid shall be thereof fully levied: AND in what manner you shall have executed this Writ make appear to the Court aforesaid immediately after the execution thereof under your Seal: AND have there then this Writ.. tenements..... 1893.... day of . noon on the .................. The above writ was delivered to me at o'clock in the . .............. tenements... Registrar Receipt under Section 26... and K .... Sale of Goods Act... WITNESS The Honourable Chief Justice of Zambia Dated the . and his assigns according to the nature and tenure thereof............. all the other lands............. . according to the form of the statute aforesaid until the said several sums of K .... and interest aforesaid to hold to the said .....

. and each of us for himself. and the said has applied for leave to appeal from the said judgment. Civ. his executors. we bind ourselves. firmly by these presents. Sealed with our seals. . administrators or assigns.C. to be paid to the said . our and every of our heirs. day . and the said is defendant. in the whole. Dated the of One Thousand Nine Hundred and . executors and administrators. that if the above-bounden . of . for which payment well and truly to be made. are jointly and severally held and firmly bound to of . have Now the condition of this obligation is such. that we of . And whereas a judgment was given by the court below therein on the day of 19 for the said . 48 REPUBLIC OF ZAMBIA BOND FOR COSTS ON APPEAL (General Title) KNOW ALL MEN BY THESE PRESENTS.H. in the sum of kwacha of lawful money. And whereas the above-named at the request of the said agreed to enter into this obligation for the purposes aforesaid: and . And whereas it is by law provided that the party appealing shall give security to the satisfaction of the court below for all such costs as may be awarded to any respondent by the Court. and of . in the year of Our Lord WHEREAS a suit is now depending in the court below at wherein the said is plaintiff.

sealed and delivered) (L.and . then this obligation shall be void.) in the presence of) Registrar } (L.) . any or either of them. shall pay unto the said . administrators or assigns. his executors.S.S.) Signed. the costs of the said appeal as the Court shall order. otherwise shall remain in full force. (L.S.

and (3) The evidence of service upon the person named in such letter of request with a verification of a Commissioner for Oaths. Registrar of the High Court for Zambia. And I certify that such service so proved and the proof thereof are such as are required by the law and the practice of this Court regulating the service of legal process and the proof thereof. hereby certify that the documents annexed hereto are as follows: .C. Civ. And I certify that the cost of effecting such service as duly certified by the taxing master of the Court amounts to the sum of K Dated at Registrar the day of 19 .H. and (2) The process received with such letter of request. 49 REPUBLIC OF ZAMBIA CERTIFICATE OF SERVICE OF FOREIGN PROCESS I. (1) The original letter of request for service of process from the court or tribunal at in the matter of versus .

....H..C.. 50 REPUBLIC OF ZAMBIA REQUEST TO SEARCH JUDGMENTS REGISTER OR JUDGMENTS SECTION OF THE CIVIL CAUSES REGISTER (INDIVIDUAL SEARCH) In the High Court for Zambia...... ..... I attach hereunder K. (At the . ‡ 10n for every name searched against... ....District Registry......... Civ.. I desire to make personal search in the Judgments Register/Judgments Section of the Civil Causes Register† at your Registry for the record of any entries against the following: (State the names) For the fees......)* To the (District)* Registrar........ † Delete whichever is inapplicable..........‡ (Signed) (Address) (Date) ZAMBIA REVENUE STAMPS To Be Affixed Here * Delete if inapplicable......

C................. ⎣ ⎦ I/We hereby make application for the issue to me/us of * permit(s) for the purpose of making general searches against any number of unspecified judgment debtors in the Judgments Registers in the Principal and District Registries of your Court and Subordinate Courts...................... (Signed) * State number required.................... ......... Box RW........................... ................... ‡ ........ In addition I/we hereby agree to indemnify the Government and any of its servants or agents against all actions resulting from the making of any entry in any Register or the publication thereof......... ......................... I/We understand and agree that it is a condition of the grant of any permit hereby applied for that the Government or any of its servants or agents will not in any event be liable for any misstatement whatsoever contained in any entry in any Register whether the same be due to negligence or not......................................... † State name or names.. For the purpose I/we enclose herewith K in payment of the fees therefor in respect of the year ending the 31st December.............................. ... Address and Date Lusaka.............................. Civ.. The above permits should be made in favour of the following persons respectively.. specimens of whose signatures are set out below: † ........................ ⎡ ⎤ P... ........... 19 ... 51 REPUBLIC OF ZAMBIA APPLICATION FOR PERMIT FOR GENERAL SEARCHES IN JUDGMENTS REGISTERS (AGAINST UNSPECIFIED NUMBER OF NAMES) To: The Registrar of the High Court..................O... ‡ Speciment signatures..............50067...H........ .

..... Specimen Signature .... To: The Deputy Registrar......... day of . or courts subordinate thereto.... being an application for a permit for general searches to be made in the Judgments Registers of the Principal and District Registries of the High Court for Zambia....... hereby authorised to search for entries against any number of unspecified judgment debtors in the Judgments Registers at any Registry of the High Court for Zambia or courts subordinate thereto..... 52 REPUBLIC OF ZAMBIA PERMIT FOR GENERAL SEARCHES IN JUDGMENTS REGISTERS (AGAINST UNSPECIFIED NUMBER OF NAMES) High Court for Zambia...... ......C. Registrar of the High Court NOTE: This permit is issued subject to the conditions and to the right of indemnity contained... .. the prescribed fees having been paid to me... This is to certify that (a specimen of whose signature is affixed hereto) is for the year ending the 31st day of December....... 19 .......... Assistant Registrars. Dated at Lusaka the .. and Clerks of Court. mentioned or referred to in the application made by and dated the day of . 19. 19. Civ...H. All District Registrars. Lusaka....

.C. Civ.. Sir. I attach hereto stamps to the value of K made up as follows: No.O. (Probate Registry). High Court. P. Lusaka. 1 (Dated) 19.. Box RW50067. . 53 REPUBLIC OF ZAMBIA FEE SHEET From Sch.H.. To: The Registrar.. Item Amount of Fee K n The Grant (or as the case may be) should be forwarded to: Yours faithfully. PROBATE FEES The attached application (or as the case may be) is forwarded for necessary action.

On the examination of a witness before an officer of the Court (including the examination of a Judgment debtor) or each half hour or part thereof 83 praecipe NB-Where the officer is required to take the examination away from his office his reasonable travelling and other expenses are Document to be The filed copy The praecipe The filed copy The summons or The filed notice The filed copy The praecipe of The order or . On sealing a third party notice 50 7. On sealing a concurrent or renewed writ of summons or concurrent originating summons 17 3. On sealing any amendment 17 4. On sealing a summons in chambers (including a summons for directions or notice for further directions) 50 notice 5. On sealing a commission or letter of request for the examination of witness abroad 50 undertaking 8. On filing an interlocutory notice of motion or application not specifically provided for 50 or application 6. On sealing a writ of summons or originating application of any matter 167 2.SECOND SCHEDULE (Order 1. Rule 4) PART I GENERAL FEES APPLICABLE TO ALL DIVISIONS OTHER THAN PROBATE NON-CONTENTIOUS AND WHERE OTHERWISE SPECIFICALLY LAID DOWN AND IN ADDITION TO OTHER FEES LAID DOWN SPECIFICALLY IN OTHER COURTS UNLESS THE CONTEXT OTHERWISE REQUIRES No. Fee units receipted 1.

On entering or sealing an order of reference under O. unless otherwise provided 17 17. filed or taken or the negative thereof. On filing an affidavit 17 document 14. (a) On personal individual search in the Judgments Registers or in the Judgments Section of the Civil Causes Register for every name 17 The search form (b) On personal general searches in the Judgments Registers for unspecified number of names in any calendar year. On an application for copies of the notes of Judge for the use of the Supreme Court of Zambia per page or part thereof 17 11. On filing deposition: each deposition17 10. On filing a certificate of service 17 document 15.XX 44 19. For a certificate of appearance of a pleading affidavit or proceeding having been entered. On sealing or approving an Document to be receipted Sch. On entering or sealing an order made in Chambers 22 18. 2 The certificate The order The order . payable The search No. in any registry of the High Court 1. On sealing a writ of subpoena for each witness 17 12.also payable.111 to the Registrar of the for a year or High Court part thereof (c) On a search for appearance of any other search (including an inspection) not otherwise provided for 11 praecipe The filed copy The application The praecipe The filed copy The filed The filed In cash. On sealing a writ of subpoena for each witness 17 13. 9. Fee units 16.

On sealing or filing a writ of execution (including a writ of attachment) 44 25. On filing a case stated 44 26. On filing any notice not specifically provided for 22 32. On taking an account of monies received by a person liable to account for the same for every K1. On entering or sealing any other judgment or order 44 24. On the taxation of a bill of costs for every K1. or any other document or deed (other than Judgment or orders) 33 20.500 of the amount received 11 27.500 of the amount found to be due 11 28.500 allowed 11 33. For copies of documents or proceedings per page or part thereof 17 30.500 or fraction of K1.advertisement. On hearing a judgment summons 69 23. On entering or sealing a judgment. except where otherwise provided 111 21.500 or fraction of K1. For certifying a copy as an office copy and in addition if under seal 22 31. decree or order given.500 or fraction of K1. directed or made in the trial.500 of the amount certified 11 29. On taking an account of monies due to any person for every K1. On entering or setting down any cause or matter for hearing in Court. Application (including registration) to register a judgment when no fee is provided by the ordinance or Act providing for registration 44 The filed copy The filed copy or record The judgment decree or order The order The judgment or order The praecipe The case The certificate The certificate The certificate The office copy The office copy The filed copy The bill The certificate of judgment . On an inquiry as to damages for every K1. hearing or further consideration or a cause or matter in court (other than a matrimonial cause or judgment summons) per day or part thereof 111 22.

On leave being granted to appeal to the Court 36. On hearing any appeal other than a criminal appeal per day or part thereof Sch. On amending a petition 22 40. On presenting and filing a petition 250 39. 2 44 44 44 The notice The order The filed copy 17 The judgment PART III DIVORCE AND MATRIMONIAL CAUSES No. receipted Fee units Document to be The petition The praecipe The filed copy The application Sch. The filed The certificate The filed copy PART IV . On filing affidavit in answer to application for ancillary relief or affidavit in reply thereto on filing particulars 17 affidavit 43. On every bond 37. On application for ancillary relief 44 42. On filing notice of application to make decree absolute 44 45. On sealing a copy of a decree nisi or absolute 44 NB-The fees listed in this part are in addition to the original fees listed at Part I hereto unless the consent specifically required otherwise. On filing application for leave to appeal to the court 35. On filing an answer or reply 28 41. On setting down and hearing per day or part of the day 167 44. 2 38.PART II APPEALS 34.

On probate or letter of administration with or without the will annexed: If the gross estate does not exceed K30. or releasing an impounded grant (inclusive fee) 50 56.000 222 Subsequent Grants 47. and for noting the grant and filing the order (inclusive fee) 17 Caveats 59. For any second or subsequent grant in respect of the same The same as on the deceased person previous grant 48. 1938 (as applied to Zambia). Grants Fee units 46. For impounding a grant.000 but does not exceed K300. For every duplicate or triplicate probate or letters of administration with or without the will annexed 44 Resealing 49. if a new bond is required 11 54. And in addition.PROBATE (NON-CONTENTIOUS) No. For the entry of subduction of a caveat 60. For resealing a grant under the Probates (Resealing) Act 167 50. For amending a grant (including Registrar's order.000 167 If the gross estate exceeds K300. etc) 83 53. For noting on record that an executor to whom power was reserved has renounced (inclusive fee) 44 58. 2 Citations and Advertisements . etc 51. For service of warning by post 11 22 83 No. Statutory Advertisements in Zambia Government Gazette167 Alterations in Grants. For noting on a grant that the deceased died domiciled in Zambia. For noting on a grant and the record the addition of a personal representative (including filing the affidavit) 44 57. For revocation of a grant (including Registrar's order.000 139 If the gross estate exceeds K30. etc) 50 55. Grants Fee units Sch. photocopy thereof. if not so noted when the grant was issued (inclusive fee) 44 52. For the preparation of a memorandum under the Inheritance (Family Provisions) Act. For a warning to a caveat 61.

For engrossing and collating will etc per page or part thereof17 79. For taxing a bill of costs. For each photocopy or extract: (a) if of A4 size 44 (b) if over A4 size 83 71. For a typewritten copy or extract of a document filed or deposited in Probate Registry or other authorised place of deposit per page or part thereof 17 74. For an exemplification. For a photocopy of the record of the resealing in Zambia of a grant 44 73. For impressing the seal of the Court on a copy 28 77. For inspecting an original will that has been registered in addition to the fee for search 11 69. For obtaing a will brought in a subpoena on application for grant 66. in addition to the fees for engrossing and collating 83 78. For production by an officer of the Court of books or documents in any Court of Law or elsewhere where an officer has to remain in attendance for each day or part of a day on which he so attends in addition to necessary expenses 167 81. For photocopy or extract of a will deposited in the Probate Registry or other authorised place of deposit. (a) For search for a will or letters of administration or other document on behalf of the party applying for a search 17 (b) For every year or part of a year 17 70. For settling and sealing a citation (inclusive fee) 83 Deposit of Wills 64. For examining and sending by post a plain copy or a will 83 Miscellaneous 80. For settling abstract of citation for advertisement. For search for a document filed in the Probate Registry or other authorised place of deposit including inspection of registered copy of the will or the original will (if unregistered) or any other document 11 68. For a photocopy of probate or letters of administration 44 72. For collating a copy with the original document including the Registrar's certificate in verification thereof per page or copy 17 75. For Registrar's certificate in verification of a photocopy 22 76. For depositing a will of a deceased person in the Probate Registry for safe custody on renunciation of executor (inclusive fee) 44 65. inclusive of Registrar's certificate The same fee as 28 .62. For depositing in the Probate Registry for safe custody the will of a living person (inclusive fee) 44 Searches and Inspections 67. or other advertisement 83 63.

On each notice by the Official Receiver to a creditor of a first or any other meeting or any sitting of the Court 83 . On every declaration of inability to pay debts 44 The filed copy 91. (i) For Registrar's order 22 (ii) For filing a document 11 (iii) For a certificate or minute under the hand of the Registrar or Judge 22 Note: This fee is not payable when the filing of the certificate or minute is included in a proceeding for which another fee is payable 84. 2 No. On every bankruptcy petitioning 417 The filed copy 93.payable in an action 82. affidavits or other documents: For any one document settled 44 For any number of additional documents in the same case. (expenses of advertising shall be lodged in cash with Official Receiver on the application) 83 In cash 95. On every attendance at meeting of creditors 83 89. a further inclusive fee of 44 PART V BANKRUPTCY OR INSOLVENCY D Fee units b Sch. For a summons. On every other order 44 88. On every bankruptcy notice 22 The filed copy 92. On each creditor notified. For perusing and settling oaths. On every proof of debt tendered where the amount exceeds K100.000 22 The original proof 90. On every receiving order 83 87. order on summons motion and order on The same fee as payable motion in action 83. 86. On every application for Order of discharge (including hearing fee) 206 94. For Registrar's fiat on refusing probate (inclusive fee) 83 85.

000 but do not exceed K3. On every application to the Court to approve a composition.500.000 The filed copy 97.000 or fraction thereof 10 per cent On the next K4.96.500.000 or fraction therof 22 (b) exceed K300. a fee computed at the following rates on the gross amount of composition.000 beyond K1.000 or fraction thereof 8 per cent On the next K1. On the net assets realised or brought to credit by the Official Receiver whether acting as interim receiver.000 or fraction thereof 7. On every application to the court to prove a scheme or arrangement.000.000 but do not exceed K900.000 or fraction thereof 10 per cent On the next K4.000 122 (e) exceed K3.500.000 or fraction thereof 7.000 44 (c) exceed K900.000 or fraction thereof 5 per cent On all further sums 2.000 or fraction of K30.5 per cent in cash 99. K800 on every K30.000 or fraction thereof 9 per cent On the next K750.000. On the amount distributed in dividend by the Official Receiver when acting as trustee under adjudications scheme or orders of administration of the property of a deceased insolvent.000 and K400 on every K30. On passing liquidation accounts where the net assets for distribution(a) do not exceed K300. a percentage according to the following scale: On the first K3.5 per cent On all further sums 2.500.500. a percentage according to the following scale: On the first K3.5 per cent in cash Application for Discharge of Trustees 100.050.500.000.000 but do not exceed K1.5 per cent On the next K6.000.000 67 (d) exceed K1. receiver or trustee.000. and on the net assets realised by trustee to administer a debtor's property under a composition or scheme.000 up to K1.000 or fraction of K30.000 for every additional K300.000 or part thereof 206 In . a fee computed on the gross amount of the estimated assets at similar rates as for a composition The filed copy 98. that is.

printing catalogues. For removal of goods or animals to a place of safe keeping when necessary and for warehousing or taking charge of same when removed. the sum actually and reasonably paid. For commission to the auctioneer on sale to include inventory and valuation compiling catalogue and preparing for sale. (All these fees are payable in cash) Fee units 103. Grants Fee Units Sch. the sum actually and reasonably paid. For an arrest by Sheriff's officer 83 104. 112. For seizure by Sheriff's officer 83 105. 110. 2. For travelling allowance to effect arrest or seizure per kilometre 11 106. or when necessary. 111. 5 per centum of gross realised value. For commission on obtaining possession under writ of possession. the sum actually and reasonably paid. On order of release The filed copy 22 22 PART VI FEES. bills and notices and distributing and posting same. 2 108. For advertising and giving publicity to the sale. man in possession. 10 per centum of the amount due under the writ or warrant. . 109. On application for release The filed copy 102. satisfied or stopped after seizure.5 per centum of the amount due under the writ or warrant. 107. For commission on the auctioneer where execution is withdrawn.cash 101. satisfied or stopped after he had been instructed to sell to include inventory valuation compiling catalogue and preparing for sale. Where execution is withdrawn. ETC ON EXECUTION AND SERVICE No. 5 per centum of the amount due under the writ or warrant. but before sale. 113. whichever is the less. For man. 10 per centum of the amount realised or of the amount due under the writ or warrant whichever is the less. No. On sale under writ or warrant.

88 of 1997) 278 6 SECTION 7 (1)-THE HIGH COURT (JURISDICTION OF REGISTRARS) RULES Rules by the Chief Justice 1. Fee for service of a summons. No. order or other process of the Court by a bailiff or messenger: (i) not more than three kilometres from the office of the bailiff or messenger (as case may be) 44 (ii) more than three kilometres from such office(a) fee 44 (b) actual out-of-pocket expense (other than sustenance) to be receipted Miscellaneous 115. SECTION 7 (2)-THE HIGH COURT (JURISDICTION OF ASSISTANT REGISTRARS) RULES Rules by the Chief Justice Government Notice 310 of 1960 Statutory Instrument 63 of 1964 1. 2.114. The Registrar and Deputy Registrars of the High Court shall for all Jurisdiction in the purposes of the winding-up of companies have the same jurisdiction. 1929. Per page transcript of record (As amended by S. winding-up of powers and duties as have Registrars in Bankruptcy of the High Court of companies England under the English Companies (Winding-up) Rules. In these Rules. These Rules may be cited as the High Court (Jurisdiction of Assistant Registrars) Rules. These Rules may be cited as the High Court (Jurisdiction of Registrars) Rules. unless the context otherwise requires- Title Interpretation "assistant registrar" means an officer appointed substantively to the office of assistant registrar of the Court and shall include any person lawfully performing the functions of that office if the Chief Justice shall . Registration of documents 116. Government Notice 293 of 1960 Title 2.I.

to enlarge time. have the powers of a registrar to hear applications in chambers in the Court in respect of the following matters. that is to say: (a) (b) to renew a writ of summons. An assistant registrar shall. (f) (g) (h) (i) for payment out of Court. the application shall be transferred for hearing to the list of the registrar at the Principal or District Registry as appropriate. the assistant registrar shall act under the supervision of the registrar and shall have regard to any directions given to him by the registrar. or a successor in interest to a party. (iv) an appeal from the decision of an assistant registrar made under . subject to the provisions of this rule. 3. a District Registrar. to issue a third party notice. the Registrar and a Deputy Registrar. (ii) in hearing applications in chambers. and in relation to causes or matters proceeding and bills of costs to be taxed in a District Registry. to make orders by the consent of all parties: Provided that(i) a registrar may reserve to himself the hearing of any particular application or class of applications in chambers. (e) for directions on a summons for directions or notice for further directions.have directed that these Rules shall apply to him while performing such functions. "registrar" means in relation to causes or matters proceeding and bills of costs to be taxed in the Principal Registry. to renew a writ of execution. Applications in chambers (c) to add as a party the husband. (iii) if any party before the commencement of the hearing of the application objects to its being heard by the assistant registrar. (d) to amend proceedings before service thereof. personal representative or trustee of a party.

have power as taxing officer to tax bills of costs as between party and party where the total amount of the bill or bills under any order or reference does not exceed four hundred kwacha and bills of costs as between advocate and client where the amount of the bill or bills does not exceed three hundred kwacha. (iii) in taxing bills the assistant registrar shall act under the supervision of the registrar and shall have regard to any directions which may be given to him by the registrar. subject to the provisions of this rule. such application shall be made to the registrar at the Principal or District Registry as appropriate. An assistant registrar shall. (v) where a party who is dissatisfied with the allowance or disallowance of the whole or any part of any items in a bill taxed by an assistant registrar as taxing officer in pursuance of these Rules makes application for a review in accordance with the provisions of Order XL. An assistant registrar is hereby empowered(a) to certify office copies and certified copies of judgments. rule 10. 5. 4. 30 . rules 3 and 4.this rule shall lie in accordance with the provisions of Order XXX. (ii) a registrar may reserve for taxation by himself any particular case or class of cases. of the High Court Rules. decrees and orders of the Court and to affix the seal of the Court thereto: Miscellaneous powers Taxation of costs Cap. the bill or the part to which the objection relates shall be taxed by the registrar at the Principal or District Registry as appropriate. of the High Court Rules. (iv) if any party before the commencement of the taxation objects to the bill or any part of it being taxed by the assistant registrar. exclusive of the increase prescribed by the Legal Practitioners (Costs) Order: Provided that(i) bills for taxation as between a Advocate and his client shall be taxed by a registrar.

(b) any reference to any officer of the High Court by title means the person appointed to the office concerned under the provisions of the Act. includes a matrimonial cause and any bankruptcy or company matter. In these Directions. to the extent that any person is empowered to exercise part only of such functions.I. 2. rule 16. 3. These Directions may be cited as the Duties and Functions of Assistant Registrars and Deputy Assistant Registrars Directions. be as follows: Title Interpretation Duties and functions of Assistant Registrars A. in addition to any other duties and functions imposed by any written law or by any Judge. The duties and functions of the Assistant Registrar at each registry of the High Court shall. 34 Supreme Court in accordance with the provisions of the Legal Aid Act. a Deputy Registrar or District Registrar of the High Court. (c) to conduct the examination as to the means of a judgment debtor in accordance with Order XLII. (i) To issue all writs and originating process. (d) to make inquiry into the means of a poor appellant to the Cap. 76 judgments in accordance with the Foreign Judgments (Reciprocal Enforcement) Rules. With regard to civil causes generally. of the High Court Rules. No. unless the context otherwise requires(a) "civil cause" means any civil proceeding in whatever manner commenced and. without prejudice to the generality of the foregoing.Provided that this power shall not extend to the certification of copies of Cap. (As amended by S. and includes any person lawfully performing the functions of such office and. (b) to sign a certificate of taxation in respect of any taxation which has taken place before himself. . 63 of 1964) SECTION 8-THE DUTIES AND FUNCTIONS OF ASSISTANT REGISTRARS AND DEPUTY ASSISTANT REGISTRARS DIRECTIONS Directions by the Chief Justice Government Notices 292 of 1960 9 of 1961 23 of 1961 497 of 1964 1. such person. the Registrar.

(v) To keep and maintain a Divorce Register (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) (f) (g) (h) (i) the cause number. the particulars of the case. the date of presentation of petition. the date of the Registrar's certificate. the date(s) of appearance(s). the names of the parties. accounts. the relief claimed and grounds. and remarks. (iv) To keep and maintain a Civil Causes Register (including an alphabetical index thereto) in which the following particulars shall be entered in their respective columns: (a) (b) (c) (d) (e) the cause number. . (iii) To record the entry of appearance to writs and originating process. and subsequent proceedings and remarks. the date of appearance (if any). the names of the parties. the date of decree nisi. after obtaining a hearing date from the Deputy Assistant Registrar). (vii) To file affidavits. the date of decree absolute. notices and other documents relating to civil proceedings.(ii) To verify all Court fees. (vi) To issue all interlocutory proceedings (in the case of application to a Judge.

(xii) To issue writs of execution. (xiii) To have the custody of the Court Seal and all civil files. decrees and orders. judgment summonses and other process to enforce the judgments and orders