COLLINS KAYOMBO V CHAT BREWERIES LIMITED AND ORS (CAZ/08/ 117/2018) [2019] ZMCA 331 (28 October 2019)

~ , Rl IN THE COURT OF APPEAL OF ZAMBIA CAZ/O8/ 117 /2018 HOLDEN AT LUSAKA (CIVIL JURISDICTION) BETWEEN : COLLINS KAYOMBO APPELLANT AND CHAT BREWERIES LIMITED 1 ST RESPONDENT GOODWARD MULUBWA BRIAN MULUBWA 2ND RESPONDENT 3RD RESPONDENT Before The Honourable Mrs. Justice P. C. M. Ngulube i n Chambers. For the Appellants: In person For the Respondent: M. Haimbe, Messrs Sinkamba Legal Practitioners RULING Legislation referred to: 1. The Court of Appeal Rules, Statutory Instrument No 65 of 2016 Th is is the resp ondents' application for interpretation of Judgment pursuant to Order 6 of the Court of Appeal Rules 1. The application is accompanied by an affidavit in support sworn by Brian Mulu bwa the Managin g Director of the 1st respondent and 3rd respondent in this matter. r R2 He avers that on 7 th March, 2019 this Court delivered a Judgment in favour of the appellant with specific awards. That pursuant to the said Judgment, the appellant served on the respondent a letter of demand for payment of K 611, 815.25. It is averred that seeing the said claim was not in conformity with the Judgment, the deponent instructed Counsel to hold a meeting with the appellant to discuss the matter. Further, the deponent avers that after the meeting, Counsel brief him and rendered a report which he exhibited. It is averred that there is a misapprehension and disagreement as to the terms and intent of the Judgment as regards to who the Judgment is against and what the awards to the appellant are. The appellant filed an affidavit in opposition and avers that he opposes the application for interpretation as the same does not hold substance. He also informed the court that he intends to appeal against the said judgment to the Supreme Court. Both parties filed a notice of non-attendance at the hearing of this application. The application before me is one for interpreting the Judgment delivered on 9 th April, 2019. It is clear from the record of the Court that the appellant is not satisfied with the said Judgment and intends to appeal. I therefore see no reason for this Court to go ahead and interpret its judgment when , R3 it has been made clear that one of the parties intends to appeal. For this reason, I will dismiss the respondent's application. I make no orders as to costs. Dated this 28th day of October, 2019. HONOURABLE MRS JUSTICE P. C. M NGULUBE COURT OF APPEAL JUDGE.