ZAMBIA Law and Practice Contributed by: Mweshi Banda-Mutuna, Musenge Leah Nkonde and Lumbanya Judah Mulenga, Mweshi Banda & Associates Legal Practitioners
6.4 Security for Costs A party can apply for security for costs pursuant to Order 23 of the Supreme Court Practice, 1999 Edition in the following circumstances: • where the other party (usually the plaintiff) is ordi- narily resident outside the jurisdiction; • where the plaintiff is a nominal plaintiff who is suing for the benefit of some other person and there is reason to believe that they will be unable to pay the costs of the defendant if ordered to do so; • where the plaintiff’s address is not stated in the originating process or is incorrectly stated therein; or • where the plaintiff has changed their address dur- ing the course of the proceedings with a view to evading the consequences of the litigation. 6.5 Interim Injunctions Interim injunctions are typically applied for and granted at commencement or any time before determination of the matter when the party becomes aware of cir- cumstances which give rise to the need for an interim injunction. Interim injunctions are typically granted at whatever point an application is made, provided the applicant demonstrates that: • the applicant’s right to the underlying relief claimed in the action is clear, on the limited evidence avail- able to the court at that stage, with the court being restricted from determining or delving into the main substance of the dispute at the injunction stage; • damages will not be adequate to compensate the applicant from the loss suffered; • irreparable injury and not mere inconvenience will be caused to the applicant if the injunction is not granted; and • the balance of convenience tilts in their favour. 6.6 Summary Judgment Under Order 12 of the High Court Rules, a party can apply for summary judgment before trial in the follow- ing circumstances: • fixed-amount money demand (single defendant) – if the writ is endorsed for a liquidated demand and the defendant fails to appear, the plaintiff may enter
• Payment of an amount determined by the court as security to fulfil a decree that may be made against the defendant. • In the event of failure to pay security, an order for interim attachment of the defendant’s property which it is feared may be removed from the juris- diction. In this order, such property is placed in the plaintiff’s or a third party’s custody for safe keeping until determination of the matter. • Interim interlocutory injunction compelling a party to refrain from committing an act that may lead to wastage, damage or alienation of property. • Interim mandatory injunction compelling a party to do a stipulated act to preserve wastage, damage or alienation of property. • Interim order compelling a party to refrain from repeating or continuing a breach of contract or from continuing to commit a tort. • Interim order restraining a party to marriage from molesting an applicant or a child living with the applicant. • Appointment of a receiver or manager for the pres- ervation and improvement of the property. • Order for sale of goods, wares or merchandise that are perishable in nature. 6.2 Interim Relief to Support Arbitration and ADR In arbitration cases, the court can grant the types of interim relief listed in 6.1 Availability of Interim Relief where an application is made after a dispute is declared but before appointment of arbitrators. Following appointment of the arbitrators, any interim relief is sought from the arbitrators, with the courts only assisting in enforcement of the interim relief where there is non-compliance. However, the court does not grant interim relief in other ADR mechanisms such as mediation or negotiation, unless in instances of court-annexed mediation where mediators do not have the authority to grant interim relief to the parties. 6.3 Timing of Applications for Interim Relief Applications may be made at commencement or at any time before determination of the matter.
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