ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
7.8 General Timeframes for Proceedings In the Zambian jurisdiction, the duration of proceed- ings from commencement of claim to trial should gen- erally be within 90 days, considering the processes from commencement to the closing of pleadings and setting the matter down for trial, within 14 days from the close of pleadings. Nevertheless, due to varying factors ranging from the complexity of the case to the number of witnesses and the division of the court in which the claim is filed, cases may take as long as one year to set down for trial, while the duration of the trial also varies based on the factors stated. For example, the commercial courts are much fast- er, and such claims can be concluded within a year, while more often due to the backlog of cases in other courts, claims may take anywhere from eight months to several years to conclude. Court approval is only required to settle a lawsuit where the parties wish for their settlement terms to be endorsed by the court (and have the binding effect of a judgment). This is known as a Consent Judgment, which is signed by the judge and the parties. In any other instance, parties are free to settle their claims ex curia, and, subsequently, discontinue the lawsuit. 8.2 Settlement of Lawsuits and Confidentiality The settlement can remain confidential where the par- ties settle ex curia and discontinue the lawsuit. For a consent judgment signed by the court, such docu- ment is lodged at the court and considered a public record. Parties are also free to conclude matters by way of a Tomlin order which allows parties to leave certain aspects of a court-endorsed settlement con- fidential. 8.3 Enforcement of Settlement Agreements Settlement agreements entered into by way of a con- sent judgment can be enforced in the same manner as any other judgment, as they have been signed by the court (eg, by way of writ of fieri facias). Any other settlement agreements can only be enforced by com- 8. Settlement 8.1 Court Approval
mencing an action at court, for their enforcement (ie, such settlement agreements are enforced as con- tracts; if a party breaches the agreement, the other would have to initiate fresh legal action to enforce the agreement). 8.4 Setting Aside Settlement Agreements If the settlement agreement is in the form of a court sealed consent judgement, such consent judgment can only be set aside by way of commencement of a new action in court. Similarly, other settlement agree- ments not sealed by the court can only be set aside by commencement of a fresh action. Settlement agreements may be set aside if the agree- ment was entered into through fraud, misrepresenta- tion, duress, undue influence, or for any other grounds upon which a contract can be vitiated. They may also be set aside if they are illegal or contrary to public policy. The party seeking to set aside the settlement agreement must commence a fresh legal action. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant Successful litigants are entitled to a wide range of awards, which include the following. • Damages, which is the most common remedy – awarded to compensate for loss or injury suffered. This may be general damages (for non-quantifiable losses), special damages (for specific, quantifiable loss proved by evidence), aggravated, exemplary or punitive damages (to reflect compensation for malicious or oppressive conduct), or nominal dam- ages (symbolic award where a legal right is violated without actual loss). • Restitution – orders the losing party to restore money or property unjustly obtained. • Specific performance – an equitable order compel- ling a party to perform their contractual obligations, usually where damages are inadequate (eg, sale of land). • Injunctions (discussed in 6. Injunctive Relief ).
1251 CHAMBERS.COM
Powered by FlippingBook