ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
4.5 Applications for Security for Defendant’s Costs In Zambia, generally, the question of who pays costs of a claim is not determined until the claim is finally disposed of. However, applications for security for costs are permitted and are usually made by a defend- ant, where such defendant raises a claim against him/ her which is speculative or has limited prospects of success, or where the plaintiff resides outside the jurisdiction of the court. 4.6 Costs of Interim Applications/Motions The award of costs for interim applications is at the discretion of the court and may be borne by: • each party; or • the party against whom such application is made, particularly where it is established that such party is guilty of some kind of unreasonable behaviour (eg, delays). The court may also order that costs be “in the cause”, meaning that only upon conclusion of the entire mat- ter will the court decide who bears the costs, which ordinarily is the losing side. Generally, even where interlocutory costs are award- ed, they are recovered or taxed at the conclusion of the matter unless they are ordered to be paid forth- with. Costs of an interim application ordered to be paid forthwith are usually a punitive measure imposed on an erring party. 4.7 Application/Motion Timeframe Generally, the Zambian courts are required to rule on interim applications within 90 days from the date of hearing. Parties are permitted to file, along with the interim application, a certificate of urgency, which the court is obligated to consider as its priority above other non-urgent matters. Such application can be heard within a few days, sometimes even within 24–48 hours, provided the court is satisfied with the urgency.
not limited to case management and can also be used to obtain interim remedies such as interim injunctions, and in some instances, summary judgment. 4.2 Early Judgment Applications A party can apply for early judgment on some or all of the issues in dispute. This can be in the form of an application for judgment on admission (where admis- sions are made either in the pleadings, or in other correspondence between the parties). A party’s case can also be struck out before the trial. This can be done where: • a party’s claim is frivolous or vexatious; • a party uses the wrong mode of commencement, or goes before the wrong court (eg, if the court has no jurisdiction to entertain such claim) – in such case, the counterparty can apply to dismiss the action for want of jurisdiction; or • pleadings are struck out for want of prosecution – this is where a party does not take any steps to prosecute their case (eg, failing to comply with the court’s order for directions). Such applications can be made between com- mencement and prior to trial. The High Court Rules now close the window for interlocutory applications 14 days before trial. These applications are typically made by way of filing a summons, supporting affidavit and skeleton arguments. The courts also set a date for the hearing of oral arguments, if any. 4.3 Dispositive Motions See 4.2 Early Judgment Applications . 4.4 Requirements for Interested Parties to Join a Lawsuit Interested parties not originally named in a lawsuit can join the proceedings by applying for joinder, pro- vided they have a legal interest in the matter or will be affected by its outcome. The interested party or an existing party may file an application for joinder by way of summons, supported by an affidavit stating the grounds for joinder and the nature of the interest and skeleton arguments.
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