ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
2.5 Types of Costs Considered Under Third- Party Funding A third-party funder is open to fund any and all client costs, subject to ethical and professional standards highlighted in 2.1 Third-Party Litigation Funding . 2.6 Contingency Fees Contingency fees, which were previously prohibited, are now permitted in Zambia under the Legal Practi- tioners’ Practice (Amendment) Rules, 2025. The new practice rules allow lawyers to represent clients on a “no win, no fee” basis, where payment is contingent on successfully winning a case. 2.7 Time Limit for Obtaining Third-Party Funding There are no time limits on when a party to the litiga- tion should obtain third-party funding. As a strict legal requirement, a plaintiff in civil matters commenced in the High Court of Zambia is required to first serve a letter of demand on the intended defend- ant, prior to commencing a court action. Proof of service of such letter of demand is required at the time of filing the suit at the High Court. Actions can be dismissed for failure to show proof of service of a demand. This is intended to promote out-of-court settlements where possible. There is no requirement for a defendant to respond to a demand letter. 3.2 Statutes of Limitations The general limitations applicable to civil suits in Zam- bia are derived from the English Limitations Act of 1939, as well as amendments included in the Zambian Law Reform (Limitation of Actions) Act, Chapter 72 of the laws of Zambia. The limitations are as follows. • Action to enforce a contract or tort – six years from accrual of cause of action. • Action related to a recognisance/award not under seal/statutory sums (non-penal) – six years. • Action related to a specialty (deed) – 12 years. • Judgment enforcement – 12 years (interest recov- erable only for six years). 3. Initiating a Lawsuit 3.1 Rules on Pre-Action Conduct
• Action for a penalty or forfeiture – two years. • Recovery of land – 12 years (30 years for Crown). • Action for arrears of rent or dower – six years. • Mortgage action or for proceeds of sale of land – 12 years. • Action for arrears of interest on mortgage – six years. • Breach of trust (non-fraudulent) – six years. • Action related to the personal estate of deceased persons – three years. • Actions against public authorities – one year. • Personal injury actions – amended to three years under the Law Reform Act. • Disability (infant/unsound mind) actions – extension up to six years after disability ends. • Negligence causing personal injury or death – three years. • Negligence causing property or economic loss – six years. Separately, matters filed in the Industrial Relations Division of the High Court must be filed within 90 days of the cause of action arising, unless leave is obtained to file out of time. 3.3 Jurisdictional Requirements for a Defendant A defendant can be subject to a suit in Zambia where the action(s) giving rise to the matter was/were per- formed in Zambia (or partly in Zambia), or where the subject matter of the dispute is in Zambia. These jurisdictional limits vary depending on the court. For a defendant resident outside Zambia, leave of court must be obtained before commencing actions against them. 3.4 Initial Complaint The type of pleading or originating document depends on the nature of the claim filed, and the court it is filed in, as follows: • generally, civil claims are commenced by writ of summons and statement of claim; • petition (for winding up, divorce actions, human rights-related constitutional actions, and election- related actions); • originating summons, affidavit and arguments (these are for actions which are generally reserved
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