Introduction to interlocutory proceedings

Interlocutory proceedings refer to legal procedures or motions that occur during the

course of a lawsuit, before the final judgment or decision is reached. These proceedings

are often used to address specific issues or disputes that arise during the litigation

process. Unlike final judgments, which determine the ultimate outcome of a case,

interlocutory rulings are provisional and do not conclude the entire matter.

Examples of interlocutory proceedings include motions for preliminary injunctions

(which seek to prevent a party from taking certain actions until the case is resolved),

motions for summary judgment (which request a ruling on specific legal issues before a

full trial), and discovery motions (which involve requests for information or evidence

from the opposing party).

Overall, interlocutory proceedings play a crucial role in the legal process, allowing

courts to address specific issues, protect parties' rights, and ensure that cases proceed

efficiently and fairly.

Definition of interlocutory

Interlocutory refers to something that is provisional, temporary, or interim in nature. In

a legal context, an interlocutory decision or order is one that is made during the course

of a legal proceeding, but is not a final judgment that resolves the entire case. Instead, it

addresses specific issues or disputes that arise during the litigation process.

Interlocutory decisions serve to address immediate concerns, protect parties' rights, or

ensure the fair and efficient progression of a case. They are subject to further review and

may be revisited or modified as the case continues. Unlike final judgments, which

determine the ultimate outcome of a case, interlocutory rulings are provisional and do

not conclude the entire matter.

Examples of interlocutory decisions in a legal context might include rulings on motions

for preliminary injunctions, motions for summary judgment, or decisions on discovery

disputes. These decisions are typically made by judges based on the specific

circumstances and legal arguments presented by the parties involved in the case.

Overall, the term "interlocutory" is used to describe legal actions, orders, or decisions

that are temporary or provisional in nature, made during the course of a legal

proceeding.

Common interlocutory applications Cap 28:

1. Summons for leave too serve court process by way of substituted service order 7

rule 5 (a) to ( e)

2. Summon for leave to serve court process out of Zambia order 7 rule 13 and 14

3. Summons for leave to amend writ or proceedings order 15 rule 1

4. Summons to join party to proceedings order 8 rule 5 (1)

5. Summons to strike out parties for misjoinder order 8 rule 5 (2)

6. Summons for an order to alter party to proceedings order 11 rule 1

7. Third party proceedings order 12

8. Summons for an order to arrest absconding defendant order 21 rule 1

9. Summons for an order for an interim attachment of property order 22

10. Summons for an order for an interim injunction order 23

11. Summons to restore matter to active cause list

12. Summons to dismiss matter for want of jurisdiction

Common interlocutory applications Cap 28:

1. Summons for leave too serve court process by way of substituted service order

10 rule 3
2. Summon for leave to serve court process out of Zambia order 10 rule 15

3. Summons for leave to amend writ or proceedings order 18

4. Summons to for alteration of parties order 14

5. Summons for an order to arrest absconding defendant order 25

6. Summons for an order for an interim attachment of property order 26

7. Summons for an order for an interim injunction order 27

8. Summons to restore matter to active cause list

9. Summons to dismiss matter for want of jurisdiction