Chainama Hills Golf Club Limited v Golf Consultancy and Tourism Limited (CAZ/08/19/2022) [2022] ZMCA 218 (25 January 2022)

'r; IN THE COURT OF APPEAL FOR ZAMBIA HOLDEN AT LUSAKA (Civil Jurisdiction) CAZ/08/19/2022 BETWEEN: 2 5 JAN 2022 CHAINAMA HILLS GOLF CLUB LIMITED APPLICANT AND GOLF CONSULTANCY AND TOURISM LIMITED RESPONDENT CORAM: SIAVWAPA JA FOR THE APPLICANT : Chonta Musaila & Pindani Advocates RULING Legislation Cited: 1. The Court of Appeal Act No 7 of2016 2. Court of Appeal Rules S. I No 65 of 2016 1.0. INTRODUCTION 1. 1. This ruling relates to the Applicant's summons for leave to appeal to this Court pursuant to Order 10 Rule 4 of the Court of Appeal Rules. 1.2. The application is dated 20th January 2022 and is supported by an affidavit of even date. .. 2.0. FACTS The affidavit in support is sworn by one Sydney Sichimata, Club Captain of the Applicant. The background as elucidated by the deponent is that the High Court delivered Judgment on 31st December 2021 wherein it denied the Applicant leave to appeal. He expresses the Applicant's wish to appeal the said Judgment on the grounds appearing in the proposed notice and memorandum of appeal exhibited. Further, he states that the Applicant's intended appeal raises important questions of law and argues that it has realistic prospects of success. 3.0. THELAW 3.1. The starting point is that Section 22 of the Court of Appeal Act provides for an automatic right of appeal in civil matters. 3.2. The exceptions to the automatic right of appeal are set out in Section 23 of the Act. 3.3. The Judgment intended to be appealed against does not fall in any of the categories set out in Section 23 of the Act. Rl ·, . . . 3.4. It was therefore erroneous for the learned Judge to have purported to deny leave to appeal when such leave is not required by the party who is aggrieved by the Judgment. 4.0. CONCLUSION 4.1. In view of what I have said all the Appellant needed to do was to file Notice and Memorandum of Appeal in the High Court within 30 days of the Judgment as prescribed by Section 25 of the Act. 4.2. I note that the Judgment intended to be appealed against was delivered on 31 st December 2021 leaving the Appellant 5 days to the closure of the 30 day window within which to file the Notice and Memorandum of Appeal. 4.3. If this time will not be enough, the Appellant can make the appropriate application. \ ' 4.4. The application is therefore misconceived and dismissed accordingly. Dated this 25th day of January, 2022. j .......................................... M. J. SIAVWAPA COURT OF APPEAL JUDGE R2