ZAMBIA Law and Practice Contributed by: Mweshi Banda-Mutuna, Musenge Leah Nkonde and Lumbanya Judah Mulenga, Mweshi Banda & Associates Legal Practitioners
7. Mass Claims and Class Actions 7.1 Procedural Mechanisms If any person sues or is sued in a representative capacity, this should be expressed on the writ of sum- mons, with the court reserving the power to add the represented parties in lieu of or in addition to the previ- ously existing parties. Where a party has a joint ground for instituting pro- ceedings jointly with other persons, all those persons ought ordinarily to be made parties to the proceed- ings, while a party may be appointed to represent other persons with whom they have a joint interest in commencing or defending proceedings. 7.2 Standing Requirements All persons who may be entitled to or claim some share or interest in the subject matter of the suit, or who may be likely to be affected by the result of the proceedings, have standing to participate in those proceedings. 7.3 Relief The types of reliefs available in class actions are unlim- ited provided there is a common ground for instituting an action, or a common share or common interest in the subject matter or outcome of the action. However, the reliefs claimed and damages awarded in class actions are granted/computed on an individual basis, in accordance with the Supreme Court’s deci- sion in Zambia National Commercial Bank Plc v Geof- frey Muyamwa and 88 Others , Selected Judgment No 37 of 2018. 7.4 Class Actions, Mass Claims and Arbitration Class actions and mass claims are not frequently brought in arbitration. Some employment disputes have been arbitrated because the employment con- tracts opted for arbitration as the dispute resolution mechanism. However, the numbers of employees involved have been limited. 7.5 Trends There is a shift towards arbitration and conciliation of employment disputes, which is likely to lead to
final judgment for the sum claimed, with interest and costs; • fixed-amount money demand (several defend- ants) – if some defendants appear and others fail, final judgment may be entered against those who fail, while proceedings continue against those who appear; • damages or detention of goods (single defendant) – if the writ claims damages or detention of goods and the defendant fails to appear, interlocutory judgment may be entered, with damages assessed by inquiry or as directed by the court; • damages or detention of goods (several defend- ants) – if some defendants appear and others fail, interlocutory judgment may be entered against those failing, with damages assessed alongside the trial against those who appeared; • mixed claims (liquidated demand and damages or detention of goods) – if the writ includes both liquidated demand and damages or detention of goods, final judgment may be entered for the liqui- dated demand and interlocutory judgment for dam- ages/goods against defendants who fail to appear; • recovery of land – if no appearance is entered in an action for recovery of land, or if the defence is limited to other claims only, judgment may be entered for possession of the land (or for the part not defended); and • mesne profits, rent or damages in land recovery – if such claims are endorsed on a writ for recovery of land, judgment may be entered for the land and interlocutory judgment for the additional claims. Under Order XXI Rule 5 of the High Court Rules, the court may enter judgment summarily where a defend- ant makes a written unequivocal admission of all or part of the claimed amount. Under Order 14A and 33 of the White Book, the court may determine a question of law or construction of a document at any stage of proceedings, on its own motion or on application by a party, where the issue can be resolved without a full trial and such resolution will conclusively dispose of the whole matter or any part of it.
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