Times within which an appearance must be entered on court writs are governed by the provisions of Practice Direction No.     3.    I would not oppose an application to the court under the Act for the grant of a new tenancy, or I would oppose an application to the court under the Act for the grant of a new tenancy on the ground that (here state ground or grounds). 7.1        What are the basic rules of disclosure in civil proceedings in your jurisdiction? The LT deals with all land disputes. 9.1        What different types of judgments and orders are the civil courts in your jurisdiction empowered to issue and in what circumstances? Dentons Eric Silwamba, Jalasi and Linyama, Dentons Eric Silwamba, Jalasi and Linyama, The International Comparative Legal Guides and the International Business Reports are published by: Global Legal Group, We are a legal department covering whole of Europe. The notice also tells the other party where and when the Court will hear the application.     2.    I also require you to notify me whether there is a mortgagee in possession of your interest in the premises and, if so, what is the name and address of the mortgagee and, if there is a receiver appointed by the mortgagee or by the court, of the receiver. (2)  A landlord may claim rent paid to the court by his tenant either personally or by agent with authority in writing signed by the landlord, or where the landlord is a corporation, signed by the secretary or a principal officer of the corporation. 58 of 2020 of the High Court (Amendment) Rules, 2020 now provides for pre-action disclosure. On the other hand, mediation agreements or settlements need to be registered in the courts for them to be recognised as binding. 8.2        What types of evidence are admissible, and which ones are not?     3.    This notice is given under the provisions of section 21 (1) of the Landlord and Tenant (Business Premises) Act. Signed              (Landlord), TENANT'S REQUEST FOR NEW TENANCY OF BUSINESS PREMISES, To ................................................................... , of      , Eric Silwamba, SC Originating Motion (docx 42.29KB) Form 64 - Notice of Originating Motion. Notice in writing of the election to make such payment, specifying the cause of action in respect of which payment is made, shall be lodged in court with the first payment into court. For example, are there any rights of appeal from arbitration awards and expert determination decisions, are there any sanctions for refusing to mediate, and do settlement agreements reached at mediation need to be sanctioned by the court? Are there any rules that govern civil procedure in your jurisdiction? The general rule is that documents privileged in Zambia are not admissible for the purposes of civil proceedings. Is it permissible for a non-party to litigation proceedings to finance those proceedings? There are also specialist tribunals which have the same judicial ranking as the High Court. 9.    Where the landlord and tenant agree upon the grant to the tenant of a future tenancy of the holding, or of the holding with other land or premises on terms and from a date specified in the agreement, the current tenancy shall continue until that date but no longer, and shall not be a tenancy to which the provisions of this Act apply. The court will not proceed to set down the matter for hearing until the issue of jurisdiction is determined. However, with respect to a non-party to litigation to finance proceedings, the Zambian courts are likely to examine the doctrine of maintenance and champerty. An exception to this general rule is the case of an expert witness such as a doctor who is permitted to give his opinion on the subject in which he is considered by the court to be an expert. What are the cost consequences? 4 of 1977. Please refer to the response to question 1.7, which answers the first part of this question. Evidence in support thereof may be on affidavit or, where an affidavit is not required by these Rules, viva voce. A defendant is expected to prepare a statement of defence in response to the claim. tenant of the above-mentioned premises, hereby request you to grant me a new tenancy commencing on However, this is only with respect to liquidated (quantified) claims, for example a debt collection claim. The Zambian Civil Rules do not provide for split trials. 2.    In these Rules, unless the context otherwise requires-. Are contingency fee/conditional fee arrangements permissible? The court may discontinue the proceedings at the option of the party who has sued. (a)        the parties to the application have agreed on the subject, period and terms of the new tenancy; (b)        the owner of any reversionary interest in the property consents thereto; and. The service is effected on behalf of the court by the sheriff or his bailiffs by delivering it to the requisite address of service and leaving the person/entity to be served with one copy, pursuant to the provisions of the Sheriffs Act, Chapter 37, Volume 4, of the Laws of Zambia. 17.    The terms of a tenancy granted by order of the court under this Act (other than the terms as to the duration thereof and as to the rent payable thereunder) shall be such as may be agreed between the landlord and the tenant or as, in default of such agreement, may be determined by the court; and in determining those terms the court shall have regard to the terms of the current tenancy and to all relevant circumstances.     3.    My proposals on the rent to be payable under the new tenancy and as to the other terms of the new tenancy are (here state the rent and terms proposed). Leave to serve short notice of motion may be obtained on ex parte application to the court. The Acts of the Parliament of the United Kingdom set forth in the Schedule shall be deemed to be of full force and effect within Zambia.”. Where leave has been given under rule 2(2) to serve short notice of motion,that fact must be stated in the notice. An expert cannot testify on everything and thus, his testimony is restricted. An action is commenced by an OS when (1) it is required by a statute or (2) a dispute, which is concerned with matters of law, is unlikely to be any substantial dispute of fact. As earlier stated in section 1, civil proceedings are commenced by a party instituting an action depending on the cause of action and rules of a particular court. (3)  The persons referred to in subsection (2) are, in relation to the tenant of any premises-, (a)        any person having an interest in the premises, being an interest in reversion expectant (whether immediate or not) on the tenant's; and. As earlier stated, costs follow the event and are usually given to the successful party at the end of the litigation. With respect to filing a defence, this is dependent on the distance between the High Court registry and the physical address of the plaintiff. (a)        any effect on rent of the fact that the landlord's or the tenant's predecessors have been in occupation of the holding; (b)        any goodwill attached to the holding by reason of the carrying on of business by the landlord's or tenant's predecessor; (c)        any effect on rent of any improvement carried out by the tenant otherwise than in pursuance of an obligation to the tenant's immediate landlord. Rule 9 of the Rules provides as follows: “9. The Commercial Court, on the other hand, is judge driven. (b)        whether his tenancy has effect subject to any sub-tenancy on which his tenancy is immediately expectant and, if so, what premises are comprised in the sub-tenancy, for what term it has effect (or, if it is terminable by notice, by what notice it can be terminated), what is the rent payable thereunder, who is the sub-tenant, and (to the best of his knowledge and belief) whether the sub-tenant is in occupation of the premises or of part of the premises comprised in the sub-tenancy and, if not, what is the sub-tenant's address. An application for contribution is available in tortious liability claims. They are awarded by the court in the exercise of its discretion in accordance with Order 40 Rule 6 of the High Court Act in the case of the High Court. 7.4        What is the court’s role in disclosure in civil proceedings in your jurisdiction? The judge will then proceed to hold status conferences until the case is set down for hearing. Issue of originating notice of motion Restrictions on agreements excluding provisions of this Act, 21.  (1)  Where any person having an interest in any business premises, being an interest in reversion expectant (whether immediate or not) on a tenancy of those premises, serves on the tenant a notice in the prescribed form requiring him to do so, it shall be the duty of the tenant to notify that person in writing within one month of the service of the notice-, Duty of tenants and landlords of business premises to give information to each other, (a)        whether he occupies the premises or any part thereof wholly or partly for the purposes of a business carried on by him; and. 8.    An application by a landlord under section seven of the Act to the court to determine the rent which it would be reasonable for the tenant to pay while the tenancy continues by virtue of section four of the Act shall be supported by affidavit. The plaintiff is at liberty to apply to enter a judgment on admission if a defendant lodges a statement of defence falling in the realm of bare denials.    Upon any application under the Act to the court there shall be paid in respect of the filing of such application a fee of fifty fee units where the application is made to the High Court and fifty fee units where the application is made to a Subordinate Court. (4)  In the case of any other tenancy, a notice under this section shall not specify a date of termination earlier than the date on which, apart from the provisions of this Act, the tenancy would have come to an end by effluxion of time. 613 following Alterskye v. Scott [1948] 1 All E.R. (6)  A notice under this section shall not have effect unless it states whether the landlord would oppose an application to the court under this Act for the grant of a new tenancy and, if so, also states on which of the grounds mentioned in section eleven he would do so. mortgagee in possession of premises known as        Â.     1.    I, ................................................................ , of            , A party to an action may also make an application to set aside a matter for irregularity in accordance with Order II Rule 2 of the Rules of the Supreme Court (The White Book) 1999 Edition. 4.4        What happens if the defendant does not defend the claim? 22.  (1)  Where, under this Act, an order is made for possession of the property comprised in a tenancy, or an order is refused for the grant of a new tenancy, and it is subsequently made to appear to the court that the order was obtained, or the court was induced to refuse the grant, by misrepresentation or concealment of material facts, the court may order the landlord to pay to the tenant such sum as appears sufficient as compensation for damage or loss sustained by the tenant as the result of the order or refusal. The same limitation period of six (6) years also applies to contractual liability. (a)        where a tenancy to which this Act applies ceases to be such a tenancy, it shall not come to an end by reason only of the cesser, but if it was granted for a term of years certain and has been continued by subsection (1), then (without prejudice to the termination thereof in accordance with any terms of the tenancy) it may be terminated by not less than three nor more than six months' notice in writing given by the landlord to the tenant; (b)        where, at a time when a tenancy is not one to which this Act applies, the landlord gives notice to quit, the operation of the notice shall not be affected by reason that the tenancy becomes one to which this Act applies after the giving of the notice. The Arbitration Act incorporates the UNCITRAL Model Law and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. a concise summary of the facts, including the agreed facts and admissions; a concise summary of the issues and the law to be relied on by each party, including the rights and interests of the party; a witness statement, which shall contain all the facts relevant to the claim as the case may be, and make reference to the documents relied upon in the bundle of documents; and. The appeals for the Tribunals fall to the Court of Appeal. (c)        the applicant's proposals as to the terms of the new tenancy applied for including, in particular, terms as to the duration thereof and as to the rent payable thereunder. (3)  Where an order is revoked under subsection (2), any provisions thereof as to payment of rent shall not cease to have effect by reason only of the revocation; but the court may, if it thinks fit, revoke or vary such provision, or where no costs have been awarded in the proceedings for the revoked order, award such costs. How is service effected outside your jurisdiction? It is imperative to state that the expert evidence is there to aid the court in arriving at its own judgment on the evidence before it, and the court is not bound to follow expert’s evidence. Item 9 Hearing of proceedings by one or more judges, for each day of hearing or part of a day of hearing: (see below) (a) on the 2nd, 3rd or 4th day. (4)  A tenant's request for a new tenancy shall not be made if the landlord has already given notice under section five to terminate the current tenancy, or if the tenant has already given notice to quit or notice under section eight; and no such notice shall be given by the landlord or the tenant after the making by the tenant of a request for a new tenancy. This is predominantly in cases of Judicial Review, where a party seeks to issue court process as a defendant who resides outside the jurisdiction and against companies that are subject to winding-up proceedings. The Record of Appeal should contain all the documents that were relied upon by the parties in the court bellow. As a general rule, hearsay evidence is inadmissible, except under the exceptions under English law such as res gestae, dying declarations, etc. Compensation for possession obtained by misrepresentation. (2)  A tenancy granted for a term of years certain which is continuing by virtue of section four may be brought to an end on the first day of the month next following the expiry of not less than three months' notice in writing given by the tenant to the immediate landlord, whether the notice is given before or after the date on which, apart from this Act, the tenancy would have come to an end. 1.2        How is the civil court system in your jurisdiction structured? According to Order 40 Rule 7 of the High Court Act, upon an application by a defendant, the court or judge may require the plaintiff in any suit to give security for costs to the satisfaction of the court or a judge, and the court or judge may also require the defendant to give security for costs of the proceedings undertaken in his interest. It is also important to note that the Hight Court has time limitations for delivery of rulings and judgments of 90 days and 100 days, respectively. Service of notice of writ in certain actions under certain written law. Other rules of evidence include authentication and notarisation of foreign documents before they are admitted, corroboration and rules on admission of computer-generated evidence. This could be by way of writ of summons, originating summons, originating notice of motion, petition, notice of claim, appeal, notice of complaint or default writ of summons filed into court by the plaintiff as provided under the respective rules of the particular court. 1.    This Act may be cited as the Landlord and Tenant (Business Premises) Act. If so, are there any restrictions? (c)        the availability or otherwise of premises similar in all material respects to the premises in respect of which the court was precluded from making the order for the grant of a new tenancy; but, in no case, shall the amount of such compensation exceed a sum equivalent to three times the annual rent payable by the tenant in the last year of his tenancy. Rent unclaimed within the aforesaid period of one year shall be disposed of in pursuance of an order of the court or a Judge, and such order shall direct that such rent be paid into the general revenues of the Republic. (2) Sub-rule (1) shall not apply to an arrangement or association with a person who solicits or receives contingency fees only in respect of proceedings in a country outside Zambia, to the extent that a local lawyer in that country would be permitted to receive a contingency fee in respect of such proceedings.”. (b)        (to the best of his knowledge and belief) the name and address of the person who is his or, as the case may be, his mortgagor's, immediate landlord in respect of those premises or of the part in respect of which he or his mortgagor is not the owner in fee simple, for what term his or his mortgagor's tenancy thereof has effect and what is the earliest date (if any) at which that tenancy is terminable by notice to quit given by the landlord. 1.    These Rules may be cited as the Landlord and Tenant (Business Premises) Rules. In an effort not to render the appeal nugatory, in the event that the appeal succeeds, the Court will order a stay of proceedings. (1) In its application to the Republic, the Limitation Act, 1939, of the United Kingdom, is hereby amended as follows: (a)   by the insertion of the following proviso at the end of subsection (1) of section 2: Provided that, in the case of actions for damages for negligence, nuisance or breach of duty (whether the duty exists by virtue of a contract or of provision made by or under a statute or independently of any contract or any such provision) where the damages claimed by the plaintiff for the negligence, nuisance or breach of duty consist of or include damages in respect of personal injuries to any person, this subsection shall have effect as if for the reference to six years there were substituted a reference to three years. 19 of 2000, and by virtue of the provisions of Section 8 of the Act. (6)  Within two months of the making of a tenant's request for a new tenancy, the landlord may give notice to the tenant that he will oppose an application to the court for the grant of a new tenancy, and any such notice shall state on which of the grounds mentioned in section eleven the landlord will oppose the application. There has been an increase in the use of arbitration, mediation and tribunals by litigants in Zambia. A notice of appeal must be made within 14 days from the date of the judgment. 11.    An application by a tenant under subsection (4) of section ten of the Act to the court to extend the period specified under subsection (3) of that section shall be made ex parte in chambers. Is there a preferred method of service of foreign proceedings in your jurisdiction? (1) The notice of an originating motion must be in Form 9 and thenotice of any other motion in Form 10. 1.    These Regulations may be cited as the Landlord and Tenant (Business Premises) Regulations. 6.6        Do the courts in your jurisdiction have any powers to discontinue or stay the proceedings? (b)        if the tenant has made a request for a new tenancy in accordance with section six; apply to the court to determine the rent which it would be reasonable for the tenant to pay while the tenancy continues by virtue of section four, and the court may determine a rent accordingly. (2) A writ of summons which is not accompanied by the documents listed under sub-rule (1) shall not be accepted.”. All evidence should be relevant and admissible to the facts. To........., of.........., tenant of premises known as..........     1.    I, ........................................................... , of     , In OTK Ltd v. Amanita Zambiana Ltd. and Others (2005/HPC/0199) [2011] ZMHC 23, it was argued that emails are also documents by virtue of the said definition and as such, they needed to be authenticated before their production into evidence, as is the case with a tape recording or transcript made by a device. Filing a notice of motion. The statutory amendment to reduce the limitation period from six (6) years to three (3) for actions for damages for negligence, nuisance or breach of duty in Zambia is only in respect of personal injuries. Arbitration proceedings are governed by Arbitration Act No. For example, in Muliango and Another v. Masaga and Another, the learned trial judge found that the defence furnished by the first defendant appeared to be valid and would succeed if sufficiently supported by evidence. The jury system is not provided for under Zambian legislation. Section 2 of the Judgments Act of Zambia No. Pleadings can be amended upon application to court. Please note that there is a time limitation for delivery of rulings, which is 100 days, and for judgments 180 days. Additionally, Order 18 Rule 2 of the Rules of the Supreme Court (The White Book) 1999 Edition states that: “The Court may at any stage of the proceedings order to be struck out or amended any pleading or indorsement of any writ in action, or anything in any pleading or in the indorsement, on the ground that-, (a)   it discloses no reasonable cause of action or defence , as the case may be; or, (b)   it is scandalous, frivolous or vexatious; or. Thus, when presented with a determination on an exclusive clause, the Zambian court is likely to be persuaded by the English position to the extent consistent with Zambian legislation.     3.    This notice is given under the provisions of section 21 (2) (a) of the Landlord and Tenant (Business Premises) Act. If you are not the owner of the fee simple, I hereby require you to state to the best of your knowledge and belief-. In Constitutional matters, parties will normally bear their own costs. 469 at 471). For example, a computer database which forms part of the business records of a company is, in so far as it contains information capable of being retrieved and converted into readable form, a “document” for the purposes of Order 24 and is therefore susceptible to discovery. The Schedule to the British Acts Extension Act lists the British Limitation Act, 1939 as applicable to Zambia for purposes of determining causes with respect to limitation. 19 of 2000. Log in Defendant. Originating Process (a)        whether he opposes the grant of a new tenancy and if he does, on what ground; (b)        whether, if a new tenancy is granted, he objects to any of the applicant's proposals as to the terms thereof and, if he does, the terms to which he objects and the terms he proposes in so far as they differ from the terms proposed by the applicant. 64.Notice of originating motion (O. Order X Rule 23 of the High Court Rules provides for service of court process issued by the English court on a person/entity residing in Zambia. (c)        what is the earliest date (if any) at which the tenancy is terminable by notice to quit given by the immediate landlord. (3)If the space here is insufficient, blank paper may be used and attached to this Notice. 24.    Anything authorised or required by the provisions of this Act, other than subsection (2) or (3) of section twenty-one, to be done at any time by, to or with the landlord, shall, if at that time the interest of the landlord in question is subject to a mortgage and the mortgagee is in possession or a receiver appointed by the mortgagee or by the court is in receipt of the rents and profits, be deemed to be authorised or required to be done by, to or with the mortgagee instead of that landlord. 3.3        What are the main elements of the claimant’s pleadings? The taxing master’s determination is based on statutory charge-out rates provided for in a statutory instrument that governs legal practitioners’ costs, called the Legal Practitioners’ (Costs) Order, 2017, Statutory Instrument No. In the case of Horsham District Council and Another, Ex. Requirement for notice 18.3. The Zambian courts subscribe to the English law doctrine of freedom of contract. This is pursuant to Order 35 Rule 3 of the High Court Rules. tenant of the above-mentioned premises, hereby require you, within one month of the service of this notice upon you, to notify me in writing whether you are the owner of the fee simple of the whole or any part of the premises. A witness who has been called to give evidence before the court shall adduce such evidence viva voce (word of mouth). 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