ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
Timelines for service of process and entrance of appearance by the defendant The defendant is expected to enter appearance and file a defence within the following. • Fourteen days from the date of receipt of court process, if he/she/it, as the case may be, is based at a place which is less than 100 kilometres from the issuing Court Registry. • If the defendant is served at a place which is more than 100 kilometres but less than 500 kilometres from the Registry, appearance and defence must be entered within 21 days. • If the distance is 500 kilometres or more, appear- ance must be within 30 days. • Where the defendant is to be served out of jurisdic- tion (outside Zambia), appearance must be within 42 days. 3.6 Failure to Respond Under Zambia’s civil procedure rules, once a defend- ant is served with originating process, they must respond within the timeframe applicable to them under the relevant law, by entering appearance and filing their defence. Failure to do so within the required period entitles the plaintiff to enter judgment in default of appearance and defence. 3.7 Representative or Collective Actions Zambia permits representative actions, but it does not have a formal class action regime like those found in other jurisdictions. Some class actions are com- menced pursuant to statutory requirements (eg, a labour dispute arising from a collective agreement; in such cases, there are no opt-out procedures under Zambian law). 3.8 Requirements for Cost Estimate There are no requirements to provide clients with a cost estimate of the potential litigation at the outset.
for Chamber hearing such as mortgage actions); and • originating notice of motion, affidavit and argu- ments (typically used for tenancy-related actions and where a statute dictates in the High Court). 3.5 Rules of Service The procedure for service of process in Zambia is typi- cally governed by the rules of the court that the parties are before. However, there are some general require- ments related to service of process. Requirements for Service • Zambian law requires personal service on a plaintiff or defendant. • Where such party cannot be located, an applica- tion for substituted service in a reputable, wide- spread newspaper must be made to the court. • Companies must be served at their registered busi- ness address, or that of a director. • Where a party is represented, service can be law- fully effected on such party’s advocates. • When the party to be served is in the service of the government, service can be effected on the head officer of the department in which such party is employed. • Where the person on whom service is to be effected is a prisoner in a prison, it shall be suffi- cient service to deliver the writ or document at the prison. • Where the suit is against a defendant residing out of, but carrying on business within, Zambia, in his/her own name, or under the name of a firm, through an authorised agent, the writ may be served by giving it to such agent, and such ser- vice shall be equivalent to personal service on the defendant. • Service of process outside Zambia may be permit- ted by the court where the action has a substantial connection to Zambia, such as involving land, contracts, torts, estates, or obligations within Zam- bia, defendants domiciled or resident in Zambia, or where a foreign party is a necessary or proper party to proceedings properly brought within Zam- bia.
4. Pre-Trial Proceedings 4.1 Interim Applications/Motions
The Zambian courts permit interim applications (also known as interlocutory applications) before the trial or substantive hearing of a claim. These applications are
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