Chabala Kasese v Kwacha Pension Trust Fund Limited (CAZ/08/83/2019) [2019] ZMCA 397 (1 November 2019)

IN THE COURT OF APPEAL OF ZAMBIA AT THE APPEAL REGISTRY HOLDEN AT LUSAKA (Civil Jurisdiction) CAZ/08/83/2019 IN THE MATTER OF: Section 4 of the Rent Act, Chapter 206 of the Laws of Zambia and Rule 3 of the Rent Rules IN THE MATTER OF: Sections 10, 11, 24 and 27 of the Rent Act IN THE MATTER OF: Fla Flats, Nasser Road, BETWEEN: CHABALA KASESE AND APPELLANT KWACHA PENSION TRUST FUND LIMITED RESPONDENT Before: Hon. Mr. Justice D. L. Y. Sichi nga in Chambers On the 1st day of November, 2019 For the Applicant: In Person For the Respondent: Ms. C. Chimense of Messrs Isaac and Partners RULING Legislation referred to: 1. Court of Appeal Rules, Statutory Ins trument No. 65 of 20 16 This is the appellant's application for extension of time within which to file record of appeal and h eads of argument made pur suant to Order 13 Rule 3 of the Court of Appeal Rules (CAR)l. The application is supported by an affidavit filed on 10th June, 2019, and sworn by the appellant, Chabala Kasese. The gist of her affidavit is that on 10th April, 2019 , she filed into Court a Notice of Appeal as well as a Memorandum of Appeal. That she was required to file the record of appeal within sixty days from the 10th April, 2019, bu t has been unable to do so owing the typed proceedings from the court below not being ready. At the hearing of the application on 12th September, 2019, the matter was adjourn ed on account of the fact that the respondent had not been served with the application on time. I therefore directed the appellant to serve the respondent with the affidavit in support by 16th September, 2019 and the respondent to file an affidavit in opposition and skeleton arguments, if any, by 25 th September, 20 19. I also avail the appellant an opportunity to file her affidavit in reply, if any. A perusal of the record shows that the respondent has todate not filed its affidavit in opposition. I have considered the application togeth er with the affidavit on record. It is trite th at following the filing of the Notice of Appeal and -R2- Memorandu m of Appeal, an applicant will have sixty days within which to file the record of appeal and heads of argument. In casu, the 60 days expired on 9 th August, 2019. This application was made before the expiry of the 60 days on 10th June, 2019. In effect the application is one for enlargement of the time within which to file the record of appeal and heads of argument. Given that the application was made before the expiry of the 60 d ays period and that the appellant has no control over the preparation of the typed proceedings of the court below, I find that sufficient reason has been availed to allow the application as prayed. I accordingly enlarge the time to file record of appeal and heads of argument by 60 days from the date of this ruling. COURT -R3-