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ZAMBIAN OPEN UNIVERSITY

SCHOOL OF LAW

NAME; UPENDO BWALYA

COMPUTER NUMBER; 21910691 - Distance

YEAR OF STUDY 2024 (3rd Year)

SEMESTER NUMBER; ONE (1)

COURSE; CIVIL PROCEDURE

COURSE CODE; LL351

LECTURER; COLLINS NKUMBWA, ESQ.

ASSIGNMENT NUMBER; TWO (2)

MOBILE NUMBER; 0961691362/0973866986

EMAIL; upendobwalya98@gmail.com

QUESTION:

By making reference to the Order and Rule of procedure and/or case law, DISCUSS ALL the
different types of documents that a person who has been sued in a civil action or civil appeal
should file in the courts listed below:
a) Subordinate Court;
b) Lands Tribunal;
c) High Court (commercial division, principal division, family division, industrial relations)
d) Court of Appeal;
e) Constitutional Court; and
f) Supreme Court.
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INTRODUCTION

Navigating the legal landscape of civil litigation in the Zambian judicial system requires a
comprehensive understanding of procedural requirements and case law. This assignment
explores the complexities of the documentation process for those facing civil cases or appeals
in various courts in Zambia. By considering the Order and Rules of Procedure along with
established case law, this analysis aims to shed light on the variety of documents required at
each judicial level. From the Lower Courts to the Supreme Court, each division imposes
distinct obligations on litigants, requiring meticulous attention to detail and adherence to
prescribed procedures. Understanding and effectively using these documents is essential to
protect the rights and interests of parties involved in civil disputes within the legal framework
of Zambia.

a) Subordinate Court;

Subordinate Courts: In the Subordinate Courts of Zambia, individuals participating in civil

proceedings are subject to a structured process governed by the Ordinance and Rules of
Procedure.

When sued in this court, the defendant must promptly respond to the plaintiff's request by
filing a defense. This document serves as the defendant's formal rebuttal, stating their
position and defense to the allegations made. Additionally, if the defendant has a claim
against the plaintiff arising out of the same transaction or event, he or she has the right to
counterclaim1.

This counterclaim allows the defendant to continue to complain in the same lawsuit, thereby
improving judicial efficiency and economics. Additionally, to formally acknowledge receipt
of the complaint and express intent to participate in the proceedings, the defendant must file a
notice of appearance.

This document informs the court and the opposing party of the defendant's participation in
the case, thereby opening the proceedings. Essentially, in lower courts, the defendant must
navigate a procedural context characterized by the filing of important documents such as
pleadings, counterclaims (if any), and notices of summons. Compliance with these procedural
requirements is mandatory to ensure a fair and transparent resolution process in civil disputes.

1
The Judiciary of Zambia article obtained from
https://judiciaryzambia.com/wp-content/uploads/2023/07/Subordinate-Court-Service-Charter.pdf
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b) Lands Tribunal

In the realm of land disputes within Zambia, the Lands Tribunal serves as a specialized forum
for adjudicating matters related to land ownership, use, and disputes. Within this tribunal,
individuals confronted with civil actions pertaining to land issues must adhere to a structured
procedural framework as outlined by the Order and Rule of Procedure.

When sued in the Lands Tribunal, defendants are tasked with submitting a comprehensive
Statement of Defense. This document serves as the cornerstone of the defendant's response,
articulating their defenses and refutations to the plaintiff's claims regarding land matters.

Furthermore, defendants in the Lands Tribunal have the opportunity to assert Counterclaims
if they have grievances against the plaintiff arising from the same land transaction or dispute.
This mechanism enables defendants to proactively address their concerns within the same
legal action, fostering efficiency and expeditious resolution. Additionally, akin to other court
levels, defendants are required to file a Notice of Appearance, formally acknowledging their
participation in the proceedings and signaling their readiness to engage in the litigation
process.

In summary, the Lands Tribunal imposes specific procedural requirements on defendants

involved in land disputes, necessitating the submission of vital documents such as the
Statement of Defence, potential Counterclaims, and the Notice of Appearance. Compliance
with these procedural obligations is essential to ensure a fair and equitable resolution of land-
related civil actions within the specialized jurisdiction of the Lands Tribunal.
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c) High Court

The High Court of Zambia is a pivotal judicial institution tasked with adjudicating a wide
array of civil matters, including commercial disputes, family law issues, industrial relations,
and general civil litigation. Within its diverse divisions, such as the Commercial Division,
Principal Division, Family Division, and Industrial Relations Division, defendants facing
civil actions must navigate distinct procedural requirements tailored to the nature of their
disputes.

In the Commercial Division, defendants are obligated to file a Statement of Defence

customized to the complexities of commercial disputes, providing comprehensive responses
to the plaintiff's claims within the realm of business transactions and contractual matters.

In the Principal Division, defendants adhere to general High Court procedures, submitting a
Statement of Defense that addresses the allegations raised by the plaintiff and presents the
defendant's defenses and counterarguments.2

In the Family Division, defendants facing civil actions related to family law matters, such as
divorce, child custody, and maintenance, must file specialized documents tailored to the
unique nuances of family disputes, including responses to petitions and claims.

Similarly, within the Industrial Relations Division, defendants involved in employment-

related disputes, including wrongful termination, discrimination, and labor grievances, are
required to submit pertinent documents outlining their defenses and responses to the
plaintiff's claims.

2
The Judiciary of Zambia article obtained from https://judiciaryzambia.com/wp-content/uploads/2023/07/High-
Court-Service-Charter.pdf
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d) Court of Appeal:

The Court of Appeal occupies a crucial role in the Zambian judicial system, serving as the
appellate body tasked with reviewing decisions rendered by lower courts. Defendants seeking
to appeal adverse judgments or rulings must adhere to a structured appellate process
governed by the Rules of the Court of Appeal.

To initiate the appeal process, defendants are required to file a Memorandum of Appeal,
outlining the grounds for appeal and the specific errors or legal issues raised. Additionally,
defendants must compile a Record of Appeal, which encompasses relevant documents and
transcripts from the proceedings in the lower court. Court of Appeal Rules Order 10/9/2 and
Order 8/7 provides that the record of appeal must contain the following documents in the
order in which they are set out;

I. Complete index of the evidence and the proceedings and documents in the case
showing the pages at which they appear
II. Certificate of record signed by the Registrar
III. Notice of appeal together with the Order granting leave to appeal
IV. Memorandum of appeal
V. Notice of address for service of the respondent
VI. Copy of the judgment appealed against
VII. Copies of pleadings [better off including all the pleadings]
VIII. Copies of the affidavits which were filed in the HC together with their exhibits – to be
arranged in the order in which they were originally filed
IX. Any interlocutory proceedings which may be directly relevant to the appeal
X. The transcript of proceedings - The index should show the names of all witnesses and
also indicating the numerical sequence of the witnesses.
XI. A copy of the certificate after trial [normally a certificate of counsel who was
handling the matter]
XII. A list of exhibits or schedule of evidence as the case may be indicating those items
which are being forwarded to the master and those which are being retained by the
court below.
XIII. Where the record comprises more than one volume, must have an index of both
volumes in the first volume
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Moreover, defendants have the opportunity to submit Written Submissions, articulating their
legal arguments and supporting their appeal with case law and statutory provisions. These
submissions play a pivotal role in persuading the appellate judges to reconsider the lower
court's decision.

e) Constitutional Court:

As the guardian of constitutional rights and principles, the Constitutional Court of Zambia
holds a unique position in the judicial hierarchy. Defendants involved in civil actions raising
constitutional issues or challenging the constitutionality of laws or government actions must
adhere to specialized procedures outlined by the Constitution3 and established case law.

To challenge the constitutionality of a law or government action, defendants are required to

file a Petition before the Constitutional Court, setting forth the grounds for the challenge and
the specific constitutional provisions invoked.

In response, defendants defending the constitutionality of the law or action must file a
Response to Petition, presenting arguments and legal authorities supporting the
constitutionality of the impugned provision or action. Additionally, both parties are afforded
the opportunity to submit Written Submissions, presenting their legal arguments and
interpretations of constitutional provisions, which serve as the basis for the court's
deliberations and ultimate decision.

f) Supreme Court:

As the apex judicial body in Zambia4, the Supreme Court plays a pivotal role in interpreting
the law, resolving legal disputes of national significance, and ensuring consistency and
coherence in the application of legal principles. Defendants seeking redress or challenging
decisions rendered by lower appellate courts must navigate a structured appellate process
within the Supreme Court.

To initiate an appeal before the Supreme Court, defendants are required to file a Notice of
Appeal, signaling their intention to challenge the lower court's decision and outlining the
grounds for appeal.

Subsequently, defendants must compile a Record of Appeal, encompassing relevant

documents, transcripts, and exhibits from the proceedings in the lower appellate court, which

3
Constitution of Zambia (Amendment) Act no. 2 of 2016.
4
As Contained in Article 125 of the Constitution (subject to Article 28)
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serve as the basis for the Supreme Court's review. Moreover, defendants have the opportunity
to submit Written Submissions, presenting their legal arguments and supporting authorities in
support of their appeal. These submissions play a crucial role in guiding the Supreme Court's
deliberations and ultimate disposition of the appeal.
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BIBLIOGRAPHY

STATUTES;

Rules of Supreme Court of England of 1965, 1999 edition (white book)

Constitutional Court Act, no.8 of 2016

Court of Appeal Rules, Statutory Instrument no.65 of 2016 Act no.7 of 2016

Lands Act, Chapter 184 of the laws of Zambia

Lands Tribunal Act, no. 39 of 2010

Subordinate Court Act, Chapter 27 of the Laws of Zambia

Supreme Court Act, Chapter 25 of the Laws of Zambia

Constitution of Zambia (Amendment) Act no. 2 of 2016.

WEBSITES;

https://judiciaryzambia.com/wp-content/uploads/2023/07/High-Court-Service-Charter.pdf

https://judiciaryzambia.com/wp-content/uploads/2023/07/Subordinate-Court-Service-
Charter.pdf