Chibuluma Mines PLC v Simwaba & 27 Others (Appeal 39 of 2000) [2000] ZMSC 84 (7 June 2000)

IN THE SUPREME COURT OF ZAMBIA Appeal No.39/2000 AT NDOLA (CIVIL JURISDICTION) BETWEEN: CHIBULUMA MINES PLC Appellant AND • Respondent CHRISTOPHER SIMWABA AND 27 OTHERS CORAM: Ngulube CJ., Chirwa and Chibesakunda JJs. On 7" June, 2000 For the Appellant Mr. C. Chanda of Lloyd Jones and Collins For the Respondent Mr. B. Mazumba from Forrest Price and Company RULING Ngulube CJ. Delivered the Ruling of the court. Mr. Mazumba for the respondent has taken a preliminary objection to this appeal before us this morning, it has been pointed out that under the relevant Section of the Supreme Court of Act and the Rules no appeal lies to this court from a decision of High Court Judge exercising appellate jurisdiction without the leave of that Judge or if it is refused the leave of this court. Mr. Charida for the proposed appellants has conceded that to date he does not have leave to appeal but he informs us that there is pending somewhere an application for such leave. He submitted that this court should exercise some kind of inherent jurisdiction in order to do justice on the merit. We have considered this matter both upon the notice which was given and upon hearing Counsel and we have no doubt that perhaps one day this court will come and examine the merits of the appeal when and if the matter will be properly before us. Meanwhile the court while wishing to resolve matters on merit also wishes to uphold the law which prohibits appeals from an appellate decision of the High Court without leave obtained there or if refused here. There is no inherent power as suggested to ignore the law. The lesser mischief it seems to us is to strike out this premature appeal and leave it to the proposed appellant to do the needful. The objection is sustained with costs to be taxed if not agreed. M. M. S. W. NguI .e CHIEF JUSTICE I D. K. Chirwa SUPREME COURT JUDGE L. P. Chibesakunda SUPREME COURT JUDGE