ZAMBIA Law and Practice Contributed by: Mutembo Nchito, Mable Chakoleka, Chisuwo Hamwela and Dhozinta Mphuka, Nchito & Nchito Advocates
appellate jurisdiction in civil and criminal matters from the Magistrates’ Court, and from tribunals and other quasi-judicial bodies. • The Supreme Court (final appellate court) which has jurisdiction in civil and criminal matters from the Court of Appeal. 10.2 Rules Concerning Appeals of Judgments Leave to Appeal Unless already granted in a judgment, parties require leave to appeal from the court in which a judgment was rendered (appeals from judgments of the High Court to the Court of Appeal, however, are automat- ic). If such leave is not granted, the party desiring to appeal may apply for leave to appeal in the relevant appellate court or renew their application were it was denied by the hearing court. Timelines for appeal Where leave to appeal has been granted: • appeals from the subordinate court must be lodged at the High Court within 14 days of the date of judgment; • appeals from the High Court to the Court of Appeal must be lodged at the Court of Appeal within 30 days of the date of judgment; and • appeals from the Court of Appeal to the Supreme Court must be lodged within 30 days of leave being granted unless the order granting leave pro- vides otherwise. Parties can apply for extension of time to file their appeals. Grounds of Appeal Appeals can only challenge points of law; appeals on facts alone and are not allowed. Parties must set out the reasons for their appeal in the grounds of appeal, which limit the issues to be addressed in the appellate court. Issues not raised in the subordinate court can- not be raised on appeal, unless such fact/issue could not have been known prior. It is a requirement that grounds of appeal should not be narrative. Mode of Appeal Parties are required to file a Notice and Memorandum of Appeal. Parties must also file a Record of Appeal,
which will contain all relevant documents from the subordinate court, including the judgment appealed against. Parties will be required to also submit Heads of Argument and Heads of Argument in Response, in the appellate court. 10.3 Procedure for Taking an Appeal See 10.2 Rules Concerning Appeals of Judgments . 10.4 Issues Considered by the Appeal Court at an Appeal See 10.2 Rules Concerning Appeals of Judgments . 10.5 Court-Imposed Conditions on Granting an Appeal See 10.2 Rules Concerning Appeals of Judgments . The court can decide to either grant or refuse leave to appeal. The determining factor is whether or not the court is of the view that such appeal has reasonable prospects of success. 10.6 Powers of the Appellate Court After an Appeal Hearing An appellate court is required to render judgment after hearing an appeal. Until judgment is rendered, such court continues to exercise jurisdiction to hear and determine interlocutory applications by the parties, if any. 11. Costs 11.1 Responsibility for Paying the Costs of Litigation The general rule is that costs follow the event. In other words, generally, the successful party is entitled to costs. However, the courts exercise wide discretion on costs and may order that: • each party bears its own costs (in the Industrial Division of the High Court, for example, parties must bear their own costs, unless special reasons can be shown otherwise, eg, the conduct of the parties); or • a successful party be deprived of costs, for good reason (eg, the conduct of the parties).
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